
Class _l3- ^g^-^'^ - 
Book .>4_2_^ 



iSi'^S 



PUBLIC 



SCHOOL LAW 



OF 



NORTH CAROLINA. W^., 



ISSUED IN PURSUANCE OF LAW 
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



RALEIGH: 

E. M. UzzELL & Co., State Printers and Binders. 

1903. 



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PREFACE. 

For the information and convenience of school officers 
and of the general public this pamphlet is issued in accord- 
ance with section 7 of the School Law. The amendments 
adopted by the General Assembly of 1903 to the School 
Law of 1901 have been incorporated in the various sec- 
tions so that they may be more easily understood. All 
school officers and public school-teachers are urged to read 
carefully this law and the accompanying notes. The notes 
have been made somewhat fuller than heretofore in the 
hope that they might be helpful in the way of suggestion 
and the prevention of mistakes. I bespeak the hearty co- 
operation of all school officers, teachers and friends of edu- 
cation in the wise administration of this law. For con- 
venience of reference acts and amendments of the General 
Assembly of 1903, really constituting a part of the School 
Law, have been appended. 

Very truly yours, 

J. Y. JOYITEE, 

Superintendent of Public Instruction. 

May 1, 1903. 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA. 



Sectiojst 1. The State Board of Education shall, on the state Board of 

' Education to ap- 

first Monday in August of each and every year, appor- ^°"jg "^ school 

tion among the several counties of the State all the school 

funds which may be then in the treasury of the said board, 

and order a warrant for the full apportionment to each Apportionment 

. --, . made on basis of 

county, which said apportionment shall be made on the school population, 
basis of the school population, but no part of the permanent oniy income of 

^ permanent fund 

school fund shall be apportioned or distributed, but only app'Jed. 

the income therefrom. The State Auditor shall keep a separate accounts 

,,.. .. ,-. iifi of funds to be kept. 

separate and distinct account oi the public school funds, 
and of the income and interest thereof, and also of such 
moneys as may be raised by State, county, and capitation 
tax, or otherwise, for school purposes. 

Sec. 2. Upon the receipt of the requisition of the Treas- on requisition of 

County Treasurer 

urer of any county, duly approved by the chairman and E[°Pfg^ r5'^f°Edu' 
secretary of the County Board of Education for the school w'Ln^Mt^on'Auditor 
fund which may have been apportioned to said county, the T^-easurer°for° 
State Board of Education shall issue its warrants on the tioned to said 

county. 

State Auditor for the sum due said county, whereupon the 
said Auditor shall draw his warrant on the treasurer of 
the State Board of Education in favor of such County 
Treasurer for the amount set forth in the warrant of the 
said State Board. 

Sec. 3. The State Treasurer shall receive and hold as school funds paid 

.,, . -,- , .- . .T. into treasury, how 

a special deposit all school funds paid into the treasury, held and paid out. 
and pay them out only on the warrant of the State Audi- 
tor, issued on the order of the State Board of Educa- 



6 



valid^*'o°ucher Ir tioi^ i^i f avor of a County Treasurer, duly endorsed by the 
Treas\irer fo/ County Treasurer in whose favor it is drawn, and it shall 
be the only valid voucher in the hands of the State 
Treasurer for the disbursement of school funds, 
^ranted b^V^s*^^ ^^'^- ^- "^^^ procccds of all knds that have been or may 
stock^,"b™nXan'd hereafter be granted by the United States to this State, 
to ecTucItio^na?^'"^ and uot Otherwise appropriated by this State or the United 
States, also all moneys, stocks, bonds and any other prop- 
erty now belonging to any State fund, for the purposes 
of education, also the net proceeds of sales of swamp lands 
belonging to the State, and all other grants, gifts or de- 
vises that have been made or hereafter may be made to this 
State, and not otherwise appropriated by this State or by 
the terms of the grant, gift or devise, shall be paid into the 
State Treasury, and, together with so much of the ordi- 
nary revenue of the State as may be set apart for that pur- 
pose shall be faithfully appropriated for establishing and 
maintaining a system of free public schools, as established 
in pursuance of the Constitution. 
Property belonging Sec. 5. All moueys, stocks, bouds and other property 

to county school ^ ' ' ± j. t/ 

from'safeofestmys ^^longiug to a couuty school fuud, also the net proceeds 
u?es^'finesf fillies'" from sales of estrays, also the clear proceeds of all penal- 
tary laws, moneys tics and forfciturcs, and of all fines collected in the several 

paid for military .» 

exemption, and couutics foT auv breach of the penal or military laws of 

taxes for liquor ^ i. j 

auct°ioneer'^ appro- *^® State, and all moucys which shall be paid by per- 
colfntyforputiic SOUS as equivalent for exemption from military duties; 
also the net proceeds of any tax imposed on licenses to 
retailers of wines, cordials, or spirituous liquors and to 
auctioneers, shall belong to and remain in the several 
auctioneers, shall be faithfully appropriated for establish- 
ing and maintaining free public schools in several coun- 
ties as established in pursuance of the Constitution. The 
Annual report to amouut collcctcd in cacli couuty shall be reported annually 

Superintendent «/ j. t/ 

t/on".""""" ^''''''''°' to the State Superintendent of Public Instruction. The 
Solicitors of the several judicial districts, criminal and 



inferior courts, shall prosecute all penalties, and forfeited Duties of solicitors 

' '- '- ' as to the penalties 

recognizances entered in their courts respectively, and as reM)g°nf^ances. 
compensation for their services shall receive a sum to he 
fixed by the Court, not more than five per centum of the compensation, 
amount collected upon such penalty or forfeited recogniz- 
ance for the collection of which execution was foimd to be 
necessary. 

Sec. 6. If the tax levied for the State for the support pevy of special tax 

■^ ■*• to maintain four 

of the public schools shall be insufficient to maintain one ^ch^distrlc^pro-*" 

or more schools in each school district for the period of "^'^^^ ^°^' 

four months, then the Board of Commissioners of each 

county shall levy annually a special tax to supply the 

deficiency for the support and maintenance of said schools 

for the said period of four months or more. The said Tax, how collected. 

tax shall be collected by the Sheriff in money, and he 

shall be subject to the same liabilities for the collection and 

accounting of said tax as for other taxes. The said on what levied. 

tax shall be levied on all property, credits and polls of the 

county; and in the assessment of the amount on each the 

Commissioners shall observe the constitutional equation 

of taxation : and the funds thus raised shall be expended Funds, how and 

' J- where expended. 

in the county in which it is collected, in such manner as 

the County Board of Education may determine for main- county Board of 

"^ '' Education to esti- 

taining the public schools for four months at least in each "e^clssSy'to* 
year. But the County Board of Education shall not be moiTthTschlois. 
required to expend upon a district containing less than 
sixty-five pupils the same sum it may give to larger dis- 
tricts, notwithstanding an inequality of length of school 
terms may be the result. The County Board of Educa- 
tion, on or before the annual meeting of the Commission- 
ers and Justices of the Peace for levying county taxes, 
shall make an estimate of the amount of money necessary 
to maintain the schools for four months and submit it to 
the County Commissioners. 



?endent°of^PQbiic' ^Ec. 7. The Superintendent of Public Instruction shall 

pubHcation of '° havc the pchool laws published in pamphlet form and dis- 
tributed on or before the first day of May of each year. 

of ul^r"(fut^s°.^'^^ -2® shall send to each ofiicer a circular letter, enumerating 
his duties as prescribed in this act. He shall have printed 

nec^al^ary forms ^^^ ^^® forms ncccssary and proper for the purposes of this 
chapter, and shall look after the school interest of the State, 

Gove?jfo/^^°^' *° ^^^ report biennially to the Governor, at least five days 
previous to each regnlar session of the General Assembly, 

What report to which report shall give information and statistics of the 

contain. ^ ^ 

public schools and recommend such improvements in the 
Where to keep his school law as may occur to him. He shall keep his ofiice 
Sons^o'^n A^difor. ^^ ^^^ ^^^^ of government, and shall sign all requisitions on 

the Auditor for the payment of money out of the State 
Force of copies of Treasury for school purposes. Copies of his acts and 

his acts, decif^ions «^ r l r 

and oflBciai papers, (iecisious, and of all papers kept in his ofiice and authen- 
ticated by his signature and ofiicial seal, shall be of the 
To be furnished same f orce and validity as the orie-inal. He shall be f ur- 

with room, fuel, _ '^ " 

stationery, etc. nishcd with such room, fuel and stationery as shall be 
necessary for the efficient discharge of the duties of his 
ofiice. 

Operations ot Sec. 8. The Superintendent of Public Instruction shall 

pubhc schools ^ 

sSplrintend°enfof direct the Operations of the system of public schools and 
Public Instruction. g^fQ^,^g the kws and regulations in relation thereto. 
The County Board of Education and all other school offi- 
cers in the several counties shall obey the instructions of 
the State Superintendent and accept his constructions of 
witlfeducltofs of*^ ^^® School Law. It shall be his duty to correspond with 
other states, etc. ig^diug cducators in other States, and to investigate sys- 
tems of public schools established in other States, and, as 
far as practicable, render the results of educational ef- 
forts and experiences available for the information and 
aid of the Legislature and State Board of Education. 
Diities of superin- g^c. 9. It shall be the duty of the Superintendent of 



tendent of Public 

Instru( 

tive to 



instructjon^r^ei_a-^^^ Public Instruction to acquaint himself with the peculiar 



educational wants of the several sections of the State, wants of several 

sections of the 

and he shall take all proper means to supply said wants, state. 
by counseling with County Boards of Education and 
County Superintendents, by lectures before Teachers' In- 
stitutes, and by addresses to public assemblies on sub- 
jects relating to public schools and public school work, 
and he shall be allowed for traveling expenses and for ad- Allowance for 

° traveling expenses 

ditional clerical assistance five hundred dollars per annum, ^j'/^j^^f^^^f.^ance. 
Sec. 10. In case the State Superintendent shall have Proceedings for 

■•- removal of County 

sufficient evidence at any time that any County Superin- |,^^^^i°'^^°d^|^e'c°^ 
tendent of Schools or any member of the County Board *'°° °^^'^«''^^^°'^- 
of Education, is not capable of discharging or is not dis- 
charging the duties of his office as required by this act, or 
is guilty of immoral or disreputable conduct, he shall 
report the matter to the Countv Board of Education, which 
shall hear evidence in the case, and if, after careful in- 
vestigation they shall find sufficient cause for his removal, . 
they shall declare the office vacant at once and proceed to 
elect his successor. Either party may appeal from the Appeal, 
decision of the County Board of Education to the State 
Board of Education, which shall have full power to in- 
vestigate and review the decision of the County Board of 
Education. This section shall not be construed to deprive county superin- 

1/^ o( • f 1 - ^ 1 • • 1 tendent may try 

each County Superintendent of the right to try his title to title to office in 

bCBito courts. 

. said office in the courts of the State. 

Sec. 11. The State Superintendent Public Instruc- superintendent of 

Public Instruction 

tion is authorized to employ a clerk at a salary of one p'j'oy°"eTk and™" 
thousand dollars per annum and a stenographer at a salary la'iaries*^ 
of five hundred dollars per annum to be paid monthly by 
the State Treasurer on the warrant of the Auditor, out 
of any funds which may be in the Treasury not other- 
wise appropriated. 

Sec. 12. The General Assembly shall appoint three county Board of 

^ '- ^ Education, how 

men in each county of good business qualifications and appointed, 
known to be in favor of public education, who shall con- 



10 



When to enter 
upon duties. 



Vacancy, how 
filled. 



Term of office. 



stitute a County Board of Education, which board shall 
enter upon the duties of its office immediately upon the 
qualification of a majority of its members. In case of va- 
cancy by death, resignation or otherwise, said vacancy 
shall be filled by the other members of the County Board 
of Education. Upon failure of the General Assembly to 
appoint three members of the County Board of Education 
for any county as herein provided they shall be appointed 
by the State Board of Education, and all vacancies occur- 
ring in said Board that cannot be filled as herein provided 
shall be filled by the State Board of Education. Members 
of the County Board of Education herein provided for shall 
hold office until the first Monday in July, 1905. 

Note. — The term of office of new Boards of Education begins the 
first Monday in July, 1903. After qualification of all members of 
new boards, all vacancies must be filled by remaining members of 
the Board. Vacancies occurring for any reason in new Boards 
before the first Monday in July, 1903, must be filled by the State 
Board of Education. 



Body corporate. 

Corporate name. 
Corporate powers. 



Sec. 13. The County Board of Education shall be a 
body corporate by the name and style of the County Board 
of Education of. . . . County, and by that name shall 
be capable of purchasing and holding real and personal 
estate, of building and repairing school-houses, of selling 
and transferring the same for school purposes, and of 
prosecuting and defending suits for or asrainst the corpora- 
tion. They shall have power and authority and it shall be 
their duty, to institute and prosecute any and all actions, 
suits or proceedings against any and all officers, persons or 
corporations, or their sureties for the recovering, preserva- 
tion and application of all moneys or property which may 
be due to or should be applied to the support and main- 
tenance of the schools, except in case of breach of bond 
on the part of the treasurer of the county school fund, 
in which case action shall be brought by the County Com- 



11 

missioners, as provided in section 47. The buildins; of New sehooi-housea 

' i^ o to be under their 

all new school-houses shall be under the control and di- control. 
rection of and by contract with the County Board of Edu- 
cation : Provided, said board shall pay not exceeding one- Proviso. 
haK of the cost of the same out of the fund set aside for District to pay haif 

of cost of building. 

building under section 24, and the school district in which 

any school-house is erected shall pay the other part, 

and upon failure of said district to provide its part by 

private subscription or otherwise, the County Board of 

Education is directed to take it out of the apportionment 

to said district: Provided further, they shall not be au- Provi-o. 

thorized to invest any money in any new house that is not Not to invest any 

-,,-.. , .,, 1110 money in plans not 

built m accordance with plans approved by the otate approved by state 

^ _ "^ Superintendent. 

Superintendent of Public Instruction and the County 

Board of Education, and that all contracts for building 

shall be in writing, and all buildings shall be inspected, 

received and approved by the County Superintendent of 

Public Instruction before full payment is made therefor. 

The time of opening and closinjT the public schools in the ^J be fixe°d''^"'"^ 

several public school districts of the State shall be fixed 

and determined by the County Board of Education in their 

respective counties : Provided, however, that the Board proviso 

may fix different dates for opening the schools in different on same date. 

townships, but all the schools of each township must open 

on the same date as nearly as practicable. The Board of Board to fix 

methods of con- 

Education shall have power and authority to fix and de- ducting schools, 
termine the methods of conducting the public schools in 
their respective counties so as to furnish the most ad- 
vantageous methods of education available to the chil- 
dren attending the public schools in the several counties 
of the State ; and the County Board of Education and the 
County Superintendent of Schools shall have full power to To make needful 

rules and 

make all just and needful rules and regulations governing regulations, 
the conduct of teachers and pupils as to attendance on the 
schools, discipline, tardiness and the general government 
of the schools. 



12 



Note. — No pupil shall be allowed to attend any school while any 
member of the household is sick of small-pox, diphtheria, measles, 
scarlet fever, yellow fever, typhus fever, or cholera, or within two 
weeks after the death, recovery or removal of such sick person. 
Any pupil coming from such household shall bring proper certificate 
from attending physician, or health officer. Committeemen and 
teachers failing to enforce this are subject to indictment. Laws 
1893, ch. 214, page 13. 

This section places the building of school-houses absolutely 
under the control of the County Board of Education, and 
directs them to pay not exceeding one-half of the cost of the same 
out of the building fund set aside under section 24 from the gen- 
eral fund. The balance of the cost must be raised by private sub- 
scription or paid out of the district fund. Any district applying 
for aid from the second hundred thousand dollars, however, must 
account for its entire apportionment from the county fund and will 
not be allowed to deduct the amount used for building and make up 
the deficit out of this fund. 

All houses must be built in accordance with plans approved by 
the County Board and the State Superintendent. Plans satisfac- 
tory to the State Superintendent have been carefully prepared by 
competent architects and published in pamphlet form for general 
distribution. They may be had upon application to him. These 
pamphlets contain specifications, bills of material, blank contracts 
and estimates of cost. The plans are for houses with from one to 
eight rooms and may of course be reasonably modified, or entirely 
different plans that the Superintendent would, for good reasons, 
approve, might be adopted by County Boards. 

In many counties self-help could be stimulated, the building fund 
made to go much farther and better houses secured if the County 
Board would adopt a general rule of giving for building one dollar 
for every one or two dollars raised by private subscription by the 
district. In making such propositions regard should be had to 
the ability of different districts. 

County Boards ought to build only neat, comfortable houses. 

Consolidation of districts can often be secured where needed by 
the refusal of County Boards to appropriate any money for building 
new houses in small districts that ought to be consolidated. When 
new houses are built in small districts that ought to be abolished, 
the abolition or consolidation of the districts is rendered much 
more difficult in all cases, and in some cases almost impossible. 
Great care should be given, therefore, to the proper location of new 
houses. Reduce districts to the smallest possible number, and 
thereby reduce to a minimum the number of necessary houses. 
Endeavor to secure larger and better houses centrally located in 



13 

larger districts. This is both economy and common sense. Atten- 
tion should be given also to the selection of beautiful, public and 
accessible sites for school-houses. 

Every County Board should have a county map showing the 
boundaries of townships and school districts, the location of school- 
houses, streams, public roads, etc. Such a map is a necessity for 
intelligent action in creating and consolidating districts and locat- 
ing houses. They can in most cases be secured at comparatively 
small cost, especially where the county maps already exist. The 
County Board of Education and the Commissioners should share 
cost of making map where none exists. 

Written contracts are required of builders, and where possible 
specification should be required. All houses should be carefully 
inspected, approved and received, as required herein, before paid for. 
■Somewhat full powers are vested in the County Board of Edu- 
cation and the County Superintendent for the regulation and gov- 
ernment of the schools by this section and section 14. Under this 
general authority they have a right to make any reasonable re- 
quirement of teachers that would contribute to the attendance and 
success of the school or to the efficiency of the teacher. Where 
the conditions are favorable, for example, they would have a right 
to require all teachers to join the County Teachers' Association and 
to attend its meetings as often as reasonable and to do the work 
outlined and required. A live Superintendent could make such 
an association exceedingly helpful in the improvement of his teach- 
ers, especially if he can secure, as some County Superintendents 
have succeeded in doing, a working teachers' library for his asso- 
ciation. There is no reason why a competent County Superin- 
tendent should not do, through such an association, for the teach- 
ers of the public schools of an entire county, a work similar 
to that done by a competent City Superintendent for the teachers of 
the public schools of the city. The County Board and Superinten- 
dent have about as much authority under this section and section 
14 for the general regulation of the county schools as the trustees 
and the Superintendent of the city schools have for the regulation of 
them. 

Sec. 14. In addition to all other duties and powers Additional powers 

-^ of County Boards 

imposed and conferred upon them by law, the County °^ Education. 
Board of Education shall have general control and super- 
vision of all matters pertaining to the public schools in 
their respective counties and are given the powers to exe- 
cute, and are charged with the due execution of the school 



14 

laws in their respective counties, and all powers and du- 
ties conferred and imposed bj this act, or the general laws 
of the State respecting public schools which are not ex- 
pressly conferred and imposed upon some other official, 
are conferred and imposed upon said County Board of 
Education ; and an appeal shall lie from all other county 
school officers to said board. 
Eorrdlove?7ubL ^Ec. 15. The Couuty Board of Education shall have 

and°appHc°ants"f powcr to investigate and pass upon the moral character of 
any teacher in the public schools of the county, and to 
dismiss such teacher, if found of bad moral character, also 
to investigate and pass upon the moral character of any 
applicant for a teacher's certificate or for employment as 

fnvelugltion. teachcr in any public school in the county. Such investiga- 
tion shall be made after written notice, of not less than ten 
days, to the person whose character is to be investigated. 
The said board shall have power to issue subpoenas for the 
attendance for witnesses, a disobedience to which sub- 
poenas shall, without legal excuse, be a misdemeanor pun- 
ishable by a fine of not more than fifty dollars or im- 
prisonment for not more than ten days. Subpoenas may 
be issued in any and all matters which may lawfully 
come within the powers of said board, and which in the 

Kr°/etubp«nas: discretion of the board shall be investigated. And it shall 
be the duty of the sheriffs, coroners and constables to 
serve such subpoenas upon payment of their lawful fees for 
service of subpoenas issued from the Superior Court of the 

Appeals. State. Appeals provided for in this ct shall be regulated 

Right of Superior '^J rulcs to be adopted by the board. The Superior 

Court to review. r^ , j' .i c^j , • • ,• ■, ^ 

Courts 01 the State may review any action of the County 
Board of Education affecting anyone's character or right 
to teach. 
Election of County Sec. 16, The Couuty Board of Education on the first 

buperintendent of "^ 

Schools. Monday in July, 1903, and biennially thereafter, shall 

elect a County Superintendent of Schools, who shall be at 



15 

the time of bis election a practical teacher or who shall Qualifications. 

have had at least two years experience in teaching school 

and who also shall be a man of liberal education and shall 

otherwise be qualified to discharge the duties of his office 

as required by law, due regard being given to experience 

in teaching. Said Superintendent must be of good moral Term of office. 

character and shall hold his office for a term of two years 

from the date of his election and until his successor is 

elected and qualified. Immediately after the election of chairman county 

Board of Education 

the County Superintendent of Schools, the chairman of '« immediately 

'J ^ ' report to State 

the County Board of Education shall report to the State IXi'd^instm^ction 
Superintendent of Public Instruction the name, address, experience and^^^' 

1 -K-n ,' r>,T 1,1 1 qualifications of 

experience, and qualifications, oi the person elected, and person elected 

■^ ^ ' ^ . ' County Superin- 

the person elected shall report to the State Superintendent tendent 

>- ^ ^ Person elected to 

as soon as he shall have qualified, the date of such qualifi- qua°[ficluon.^ 
cation. In case of vacancy by death, resignation, or other- ^ ^g^^^^' ^^^ 
wise, the County Board of Education shall fill said va- 
cancy. The members of the County Board of Education feTot'ths *'^'^''^'^" 
and County Superintendent of Schools have the authority 
to administer oaths to teachers and all subordinate school 
officials where an oath is required of the same: Provided, Proviso as to 

1 1 1 nn 1 T m f /^ n Bertie, Bladen and 

that any person who has filled the office oi County Super- coiumbus 

■^ ^ ./ i counties. 

intendent for four years next preceding the passage of 
this act shall be eligible to such office in Bertie and Bladen 
and Columbus counties, if the election of such person 
meets the approval of the State Board of Education. 

Note. — The powers of the County Board of Education have been 
enlarged, their duties have been increased, and consequently their 
responsibility is greater. The schools will be what you and a Super- 
intendent of your own selection make them. A wise execution of the 
law by a wide-awake Board and an energetic Superintendent will 
insure progress in public schools. 

Sec. 17. The County Board of Education of each Appointment of 

Township School 

county shall on the first Monday in July, 1903, and bien- Committeemen, 
nially thereafter, appoint in each of the townships of the 



16 



Qualifications. 



Term of office. 



Vacancy, how 
filled. 



Compensation. 



County Board ot 
Education may 
elect three com- 
mitteemen for 
each school. 



Qualifications. 
Term of office. 



Vacancy, how 
filled. 



Powers and duties, 



To serve without 
compensation. 



county three intelligent men of good business qualification^ 
who are known to be in favor of public education, who 
shall serve for two years from the date of their appoint- 
ment as School Committeemen in their respective town- 
ships and until their successors are elected and qualified. 
If a vacancy shall occur at any time by death, resignation 
or otherwise it shall be the duty of the County Board of 
Education to fill such vacancy. The County Board of 
Education shall have the power to pay out of the reserve 
school fund to each member of the Township Committee 
thus appointed one dollar per day for not more than four 
days per annum. Any Township Committee may appoint 
one man in each school district in the township to look 
after the school-house and property and advise with the com- 
mittee. On the first Monday in July, nineteen himdred 
and three, and biennially thereafter, the County Board 
of Education in each county mav. if they deem best, in- 
stead of electing Township Committeemen, elect for each 
school of the several townships three School Committeemen 
of intelligence and good business qualifications, who are 
known to be in favor of publ'c education, who shall serve 
for two years from date of their appointment as conuuit- 
teemen and until their successors are elected and qualified. 
If a vacancy should occur at any time by death, resigna- 
tion, or otherwise, it shall be the duty of the County Board 
of Education to fill such vacancy. And in the case afore- 
said all the powers and duties conferred under this 
act on the Township Committeemen shall vest in the said 
committeemen of the several schools of the township, and 
they shall serve without compensation. 



Note. — It is left with the County Board of Education to appoint 
a Township Committee of three, who will act for the township, or 
a District Committee of three for each school in the several town- 
ships of the county. The system, however, must be uniform, i. e., 
Township Committees for the entire county, or District Committees 
for the entire county. It will be observed that this section now 



17 

permits Township Committees to appoint one man in each district 
as custodian of the property and general adviser about school 
affairs in his district. This seems to me to add to the township 
system enough of local self-government, which was the popular fea- 
ture of the district system, without cumbering it with the undesirable 
features of the district system. From the testimony of those coun- 
ties that have adopted the township system in this State, and from 
the prevalence and popularity of it in so many other States, I am 
satisfied that it will be found the more satisfactory system, and 
I hope to see it generally adopted in North Carolina. The appoint- 
ment by the Township Committees of one man in each district is 
permissive and not compulsory. 

Sec. 18. The School Committee, as soon as practicable school committee 

' ^ shall elect Chair- 

after their election and qualification, not to exceed twenty man and secretary. 

days, shall meet and elect from their number a chairman 
and secretary, and shall keep a record of their proceed- \^^^^^ °^ proceed- 
ings in a book to be kept for that purpose ; the name and cha'irmin and ¥ec- 
address of the chairman and secretary shall be reported to supenntendenty 
the County Superintendent of Schools and recorded by 
him, and all appeals from the committee, shall be first Appeals from 

T y: i- ' Committee. 

made to the County Superintendent of Schools, whose de- 
cisions shall be final, unless reversed by the County Board 
of Education. 

Note. — This section requires the official acts of the committee 
to be done in a business-like manner and the records kept in a book 
for that purpose. To avoid trouble this section should be strictly 
obeyed. The County Superintendent should see that every com- 
mittee is supplied with a book. If necessary the book could be 
paid for out of district, township or county fund. 

Sec. 19. The School Committee shall be intrusted with committee to have 
the care and custody of all school-houses, school-house property, 
sites, grounds, books, apparatus, or other public school 
property in the township, with full power to control the 
same as they may deem best for the interest of the public 
schools and the cause of education. 

Committee to 

Sec. 20. The School Committee is required to furnish furnish county 

^ Supermtendent 

the County Superintendent of Schools a census report of 0^301100 fag'e^'et'e.'^ 
School Law 2. 



li 



Blanks to be 
furnished. 



•When. 



Report to be 

■verified. 

When returnable. 



Penalty for failure 
to comply with 
provisions of this 
section. 

Compensation for 
making census. 



Report of number 
of public school 
houses and value of 
school property. 
Ijist of persons of 
school age to be 
furnished teachers. 



Report of persons 
unable to read and 
write. 



Employment of 
teachers. 



Superintendent 
to be notified. 



all the pupils of school age in their township or district 
hy name, age, sex and race, also name of parent or guard- 
ian, and the blanks upon which said reports are to be 
made shall be furnished to the various school committees 
bj the Oountj Superintendent of Schools on the first Mon- 
day in August in each year, which report shall be duly 
verified under oath by the committee and returned to the 
County Superintendent of Schools on or before the first 
Monday in September of each year, and any committee 
failing to comply with the provisions of this section with- 
out just cause shall be subject to removal. The School 
Committee shall be allowed a sum not exceeding two 
cents per name for all names reported between the ages of 
six and twenty-one. The School Committee shall also 
report to the County Superintendent of Schools, who shall 
in turn report to the Coiaity Board of Education, the num- 
ber of public school-houses and the value of all public 
school property for each race separately and furnish to the 
teacher at the opening of the school a complete copy of the 
census furnished to the County Superintendent, wdiich 
shall be recorded by the teacher in a register contain- 
ing the name and age of each pupil of school age in 
that district. They shall also report by race and sex 
the number of all persons between the ages of twelve 
and twenty-one who can not read and write. School 
Committee shall meet at convenient times and places for 
the employment of teachers for the public schools, and 
no teacher shall be employed by any committee except at a 
regularly called meeting of such committee, due notice of 
said meeting having been given at three public places by 
the committee. The County Superintendent shall be no- 
tified at once by the Secretary of the Committee of the 
name of the teacher elected, and a copy of the contract, 
duly signed and recorded, shall be filed with said County 
Superintendent ; and no voucher for the salary of a teacher 



19 

of any scliool shall be signed by any County Super in- uniess"contraci"^ 
tendent unless a copy of such teacher's contract has been 
filed with him as herein provided, and unless he shall 
have received satisfactory evidence that said teacher has 
been elected in strict accordance with this section. 

Note. — ^This census must be made promptly at the time and in 
proper form and should contain the information required by this 
section. Attention is called to the manner of employing teachers. 

1. The Census. — This census should be carefully taken in 
strict accordance with the requirements of this section. Committees 
are required to make two copies of the census of each district — one 
for the County Superintendent and one for the teacher of the 
District School. Superintendents will furnish to committees a suf- 
ficient number of blanks for this purpose, and see that the teacher 
of each school is furnished with a complete copy of the census, 
and is required to copy the same in the school register. This infor- 
mation is necessary in order that the teacher may know the chil- 
dren not in attendance and find out the cause of their absence and 
seek to bring them into school. Teachers and committeemen are 
urged to compare the census with the enrollment and to make 
every effort to secure the attendance of the absentees. 

2. Emi^loyment of Teachers. — Committeemen are urged to observe 
strictly the requirements of this section in regard to the employ- 
ment of teachers. The County Superintendent is forbidden to sign 
the voucher of any teacher that has not been employed as herein 
directed. Teachers, therefore, are advised to see that their em- 
ployment has been in strict compliance with this section. That is 
the dignified, business-like way to employ teachers, and it is now 
made the only legal way to employ them. County Superintendents 
should enforce this strictly and aid in its enforcement by advising 
with committeemen, assisting them and furnishing them, if neces- 
sary, a record book and blank teachers' contracts. Blank forms of 
contracts with teachers will be found in the appendix of this pam- 
phlet. 

Sec. 21. The School Committee shall keep a book in committee to keep 

itemized statement 

which shall be recorded an itemized statement of all of moneys appor- 
tioned, received 

moneys apportioned to, received and expended by them for eopy''of*conti4'cta^° 

each school and a copy of all contracts made by them ^'^ 

with teachers. The committee shall have authority to Power to purchase 

•^ supplies. 

purchase the supplies necessary for conducting the schools 



20 



and for repairs to an amount not to exceed in the aggre- 
gate the sum of twentj-five dollars in any one year for 
each school. 

Note. — The Superintendent should not recommend payment of 
any account against the school fund, except upon an itemized state- 
ment sworn to by the committee. Bills of necessary supplies and 
repairs under $25 must be paid out of district fund. 



Power to employ 
and dismiss 
teaefiera. 
Time of contract. 



Amount of con- 
sideration limited. 



Restriction on 
employment. 



Age limit for 
certificate. 



Compensation 

al lowed to teachers 



Restrictions as to 
third grade 
certificates. 



Minimum time of 
compensation. 



School month 
defined. 



School term to be 
continued. 
When certificates 
issued by institu- 
tions void. 



Sec. 22. The School Committee shall have authority to 
employ and dismiss teachers, but no contract shall he made 
during any year to extend beyond the term of office of the 
committee, nor for more money than accrues to the credit 
of the district for the fiscal year during which the con- 
tract is made. JSTo person shall be employed as a teacher 
who does not produce a certificate from the County Super- 
intendent of Schools or other parties authorized by law to 
issue the same and dated within the time prescribed by 
law and continuing to the end of the term. No certificate 
to teach shall be issued to any person under eighteen years 
of age. Teachers of second arade shall receive not more 
than twenty-five dollars per month out of the public fund, 
and teachers of the first grade may receive such compensa- 
tion as shall be agreed upon. Teachers of the third grade 
shall receive not more than twenty dollars per month, but 
no third-gTade certificate shall be renewed and no holder 
of a third-grade certificate shall be employed except as an 
assistant teacher. 'No teacher shall receive any compen- 
sation for a shorter term than one month unless provi- 
dentially hindered from completing the term. Twenty 
school days of not less than six hours nor more than seven 
hours each day shall be a month. The school term shall 
be continuous as far as practicable: Certificates issued by 
any institution as now provided by law shall be void when- 
ever the jDerson holding said certificate shall for three 
consecutive years fail to teach in some school in the State. 



21 

Note. — Subject to section 24, as to teachers' salary. No legal 
contract can be made with any teacher for a salary greater than the 
maximum salary fixed by the County Board of Education under 
section 24 for the school. Attention is called to section 20 and sec- 
tion 34 and the notes thereon. 

In the selection of teachers committeemen who are regardful of 
their solemn official oath will be influenced by nothing but the 
qualifications of the teacher and the interest of the children. Sec- 
tion 20 should be strictly obeyed, and full notice of the time and 
place of the selection of teachers given, so that all teachers desir- 
ing employment may have opportunity to apply and offer recom- 
mendations. From all applicants the best teacher should be se- 
lected, irrespective of all other considerations. Favoritism and 
nepotism in the selection of teachers are wrong and necessarily cause 
great dissatisfaction and dissension. 

Sec. 23. At the end of every term of a public scliool, At end of term 

"^ teacher to exhibit 

the teacher or principal of the school shall exhibit to the gjfho^c^mmittee 
School Committee a statement of the nmnber of pupils, Contents. 
male and female, the average daily attendance, the length 
of term and the time taught. If the committee is satis- ^^T^on Treasl'rir 
laed that the provisions of this act have been complied for teacher's salary, 
with they shall give an order on the Treasurer of the 
county school fund, payable to said teacher, for the full 
amount due for services rendered, but monthly and, if re- ^^^^^'/^ feacher. 
quired by the County Superintendent, weekly statements 
and reports shall be made by the teacher to the commit- 
tee, and to the County Superintendent ; orders on the when orders on 

' 1 _c Treasurer valid. 

Treasurer shall be valid when signed by two members o± 
the committee and countersigned by the County Superin- 
tendent. When a monthly or weekly report of any school 
where the district does not contain over one hundred and 
fifty children shows an average daily attendance of less 
than one-fifth of the school census, the committee or when committee 

^ may order scJiool 

County Superintendent shall at once order the school to "'osed, etc. 
be closed and the money due said school shall remain to 
the credit of that school : Provided, however, that all funds Proviso, 
remaining to the credit of said school at the close of the 
school year, unused because of non-attendance, shall be 



22 



returned to the general fund for re-apportionment, unless 
such non-a,ttendance shall have been caused by providen- 
tial or other unavoidable causes. 



Note. — The purpose of requiring funds unused because of non- 
attendance to be returned to the general fund for re- apportionment, 
unless such non-attendance is the result of providential or other 
unavoidable cause, of which the County Board is the judge, is to 
stimulate attendance by taking the money from those who refuse, 
for insufficient reasons, to use it, and give it to those who will 
use it. 

In order to keep up with the work in the various districts and 
keep in touch with every teacher, monthly reports at least should 
be required promptly of every teacher. Some County Superinten- 
dents have been very successful in requiring brief weekly reports, and 
enthusiastically recommend them. In the appendix will be found a 
blank form of weekly reports. 



Reserve contin 
gent fund. 



Sec. 24. The County Board of Education shall, on the 
first Monday in January and the first Monday in July of 

^c'hooiVund?°'^"°" ^^^^^ y^^^f apportion the school fund of the county to the 
varioTTS townships in said county per capita ; but they 
shall, before apportioning the school fund to the various 
townships, reserve as a contin2:ent fund an amount suiS- 
cient to pay the salary of the County Superintendent and 
per diem and expenses of the County Board of Education, 
and shall set aside one-sixth, if necessary, of the total school 
fund to be used in securing a four months' school term in 

Reserve fund for evcry scliool in the couuty ; and they may further reserve 

building and ^ :i ./ j 

Proportion ^^ ^ fuud for building and repairing schonl-houses and for 

equipment, in counties with a total school fund of five 
thousand dollars or less, not more than twenty per cent, 
thereof; in counties with a total school fund of over five 
thousand dollars and not more than ten thousand dollars, 
not more than sixteen per cent, thereof ; in counties with a 
total school fund of over ten thousand dollars and not 
more than twenty-five thousand dollars, not more than ten 
per cent, thereof; in counties with a total school fund of 
over twenty-five thousand dollars, not more than seven 



23 

and a half per cent, thereof ; to be used as directed in sec- 
tion 13 of the School Law. It shall he the duty of the rnra1,porUou'^'''^ 
County Board of Education to distribute and apportion ™°°®^' 
the school money of each township so as to give to each 
school in said township for each race the same length of 
school term as nearly as may be each year ; in making such J^adroVwork^ ^'^^ 
apportionment the said County Board of Education shall 
have proper regard for the grade of work to be done and the 
qualifications of the teachers required in each school for 
each race ; and the said County Board of Education shall 
fix the maximum salary for each school in the county: 
Provided, that the Ct)unty Board of Education, upon the Board to have 
recommendation of the County Superintendent, shall have sehooL ^ '° "^ °^^ 
authority to close any school for either race in any town- 
ship before it shall have continued for the average length 
of school term for the township, in case the attendance 
does not justify the continuance of the school, and the 
money remaining to the credit of said district thus used 
for non-attendance shall be returned to the general school 
fund. As soon as the apportionments are made, it shall Board to notify 

J- J- ' committeemen 

be the duty of the County Board of Education to notify ^""^ treasurer. 

the school committeemen and the treasurer of the county 

school fund of the amount apportioned to each school, and 

each school shall be designated as School IN'umber 1, 2, 3, 

etc., for white, colored or Indian, in ... . Township, 

in the County of ... . Funds unused by any district F"ids unused to 

•J "J <J he returned. 

during any year shall, if still unused at the January 
meeting subsequent to the close of the school year, be re- 
turned to the general school fund for re-apportionment, un- 
less said district shall have been prevented from using said 
funds during that year by providential or other unavoid- 
able causes. 

Note. — 1. The Contingent Fund. — TMs fund must be reserved be- 
fore apportionment and can be used only for the expenses specifi- 
cally mentioned herein, the salary of the County Superintendent 
and the per diem and expenses of the County Board of Education. 



24 



2. The fund for aiding in hringing weak districts to a four months 
term. — This fund must be reserved in all counties having more than 
a four months term in the schools of some townships and less than 
a four months term in the schools of other townships. In such 
counties such a fund, up to the maximum of one-sixth of the total 
school fund, must be used for lengthening the terms in all weak 
districts before one cent can be given for this purpose out of the 
second hundred thousand dollars appropriated by the State. (See 
section 10 of act appropriating $200,000, in appendix). This fund 
need not be reserved in counties having a four months term in all 
schools or in counties not having it in any. The purpose of this 
provision is to require all counties that are able, to use a reason- 
able part of their own funds to help their own weak districts to 
have a four months term before asking the State to aid them, thus 
making such counties bear a part of their own burden. If reserved 
at all this fund also must be reserved before apportionment. 

3. The Building Fund. — The reserving of a building fund is per- 
missive and not compulsory, but such a fund should be reserved 
in every county needing new or better buildings, and when reserved 
it must also be deducted before the apportionment is made. The 
maximimi per cent, of the total fund that may be set aside for 
building is fixed herein for the various counties, but of course any 
smaller per cent, may, if sufficient, be set aside. I think it but fair, 
and I am sure it is wise, to divide the burden of the expense of 
building between the county and the district, as directed also in 
section 13. (See that section and the note thereon). If each dis- 
trict were required to bear out of its apportionment the entire 
expense, of building, many weak districts would be compelled to close 
their schools for one or more years, and the important work of 
building and improving school-houses would be greatly retarded. 
Districts applying for aid from the special appropriation for a four 
months school term will be required to account for their entire 
apportionment, and will not be allowed to make up out of this 
appropriation the deficit caused by using all or part of their appor- 
tionment for building. 

4. The Apportionment. — After reserving as much as the Board in 
its discretion may determine to be necessary for the above funds, 
the balance of the total school fund must be apportioned to the 
various townships per capita. The township must be the unit of 
apportionment. The part of each township is easily determined by 
dividing the balance of the total fund to be apportioned by the 
total number of children of school age in the county and multiply- 
ing this quotient by the total number of children of school age in 
the township. The County Board of Education should then fix 
the maximum salary for each school for each race in each township, 



25 

and then re-apportion each township's money between the races and 
among the different scliools of each race as directed herein. In 
this re-apportionment large discretion is given to the boards, and 
much judgment and care should be exercised by them so as to avoid 
discrimination or injustice. 

Sec. 25. The semi-annual apportionment of public semi-annuai 

n apportionment 

school money shall be based upon the amounts actually re- what based upon, 
ceivecl by the County Treasurer from all sources and re- 
ported by him to the County Board of Education as re- 
quired by this act. 

Sec. 26. The County Board of Education of any Appropriations for 
county may annually appropriate an amount not exceed- institutes. 
ing two hundred dollars out of the school funds of the 
county for the purpose of conducting one or more Teach- 
ers' Institutes for said county, or the County Boards of 
Education of two or more adjoining counties may appro- 
priate an amount not exceeding two hundred dollars to 
each county, for the purpose of conducting a Teachers' In- 
stitute and school for said counties at some convenient and 
satisfactory point. All teachers of any county in which {^^fatt'en'd.'^^'^"*'^^*^ 
such institute is held are hereby required to attend the 
same continuously during the session thereof for at least 
two weeks, if the institute continue so long; and, upon Penalty for failure, 
failure to do so, unless providentially hindered, shall 
be debarred from teaching in any of the public schools 
of this State for the term of one year, or imtil 
such teacher shall have attended some county institute 
and school in some other county. A County Teachers' By whom con- 

'' -^ ducted. 

Institute under this section shall be conducted by the 
County Superintendent of Schools, assisted by some 
member of the State Board of Examiners, or a mem- 
ber of the faculty of the !N^ormal Department of the 
University of ITorth Carolina, or of the State l^ormal 
and Industrial Cbllege, or of the AgTicultural and 
Mechanical College at Raleigh, or by some practical 
teacher or teachers appointed by the State Superintendent 



26 

acceSedls 0^ PubHc Instruction. A properly signed certificate of 

substitute. aj. j j? j_ i • i 

attendance tor two weeks or more m the same year on any 
summer school of good standing in the State may be 
accepted by the C'oimty Superintendent as a substitute for 
attendance of any teacher in his county on the teachers' 
institute and school for that county; and no teacher shall 
be required to attend such county teachers' institute and 
school two consecutive years successively. 



Note. — This section was amended so as to allow an appropria- 
tion of two hundred instead of one hundred dollars for a Teachers' 
Institute and School. Counties that are able are urged to avail 
themselves of this opportunity to provide for their teachers, instead 
of an institute lasting only one week, a Summer School and Insti- 
tute lasting several weeks, in which they may pursue in regularly 
organized classes the study of the subjects taught in the public 
schools, as well as the study of methods and principles of teach- 
ing. Such longer schools would be very helpful to teachers, and 
would afford many teachers of small means an opportunity to enlarge 
their knowledge of the subjects taught and to increase their effi- 
ciency that they could not otherwise obtain. The teachers make 
the schools, and no money is more wisely invested than that in- 
vested in the improvement of the teachers. Such a system of county 
summer schools for teachers is in successful operation in many 
other States, so that it is no longer a mere experiment. Two or 
more counties are allowed to unite in such a school if preferable. 
Of course, counties may still hold at smaller expense as heretofore 
the County Institutes of one week. I am confident, however, that 
the longer schools and institutes, though costing more, will be more 
satisfactory and successful, and, in' the end, more economical, if 
judged by results. Attendance of teachers is still compulsory once 
in two years for at least two weeks, if the school continues so long. 
Attendance on any summer school of good standing in the State 
may be accepted, however, by the County Superintendent as a sub- 
stitute for attendance in the county. 

The power of appointing conductors of these institutes and schools 
is vested in the State Superintendent. He will be glad, of course, 
to follow the preference of the local authorities in these appoint- 
ments, provided he is assured of the competency of the teachers 
desired by them, but he must insist that he be notified and consulted 
in all cases before any contracts are made with conductors of 
institutes and summer schools. 



27 
Sec. 27. The County Board of Education shall meet }yhen county 

•^ Board to meet. 

on the first Monday in January, April, July and Octo- 
ber, and may, if necessary, continue in session two days 
and they may have called meetings, of one day each, as 
often as once a month if the school business of the county 
requires it. They shall receive the same per diem and f^^^^^ ''^'^ p®'' 
mileage as that allowed the County Commissioners, and duties and powers. 
shall at the meeting in January, April, July and October, 
examine the books and vouchers, audit the accounts of 
treasurer of the county school fund and shall have power 
to fix the maximum monthly salary for first-grade teach- 
ers. 

Sec. 28. The County Board of Education of each Power to punish 

for contereipt. 

county shall have power to punish for contempt, for any 
disorderly conduct or disturbance tending to interrupt 
them in the transaction of their ofiicial business, and every Misdemeanor to 

1 1 n •! ^ m • T 1 1 disturb sctiool, 

person who shall wilfully interrupt or disturb any pub- literary or scientific 

^ t/ i -J ±. meeting, injure 

lie or private school or any meeting lawfully and peace- ^°^°°g scho1)i°^ °' 

fully held for the purpose of literary and scientific im- pi'°P®'"*y- 

provement, either within or without the place where such 

meeting or school is held, or injure any school building, 

or deface any school furniture, apparatus, or other school 

property, shall be guilty of a misdemeanor and fined not penalty. 

exceeding fifty dollars or imprisoned not more than thirty 

days. Any person who shall wilfully set fire to any school- Misdemeanor to 

house or procure the same to be done shall be guilty of a house, etc. 

misdemeanor, and upon conviction shall be punished by pgjjjj]ty. 

imprisonment in the penitentiary or the county jail, and 

may also be fined in the discretion of the Court. 

Sec. 29. The County Board of Education shall divide Division of town- 
ships Into school 
the townships into convenient school districts as compact districts. 

in form as practicable. They shall consult the conven- Provisions for 

, .. » ,' . ... ,11 !• setting boundaries. 

lence and necessities oi each race m setting the boundaries 

of the school district for each race, and shall establish no ^J°^fen'^ehooiT°^ 

new school in any township within less than three miles 



28 



by the nearest traveled route of some scliool already estab- 
°|™id™ number lislied in said township ; nor shall they create any school 
district with less than sixty-five children of school age, 
unless prevented by geographical reason or sparsely set- 
tled neighborhoods. l>^othing in this act shall prevent the 
Board of Education, whenever they shall deem it neces- 
sary for the good of the public schools, from forming a 
school district out of portions of two or more contiguous 
townships. School districts may be formed out of por- 
tions of contiguous counties by agreement and consent of 
the County Boards of Education of the two counties ; and, 
in case of the formation of such districts, the per capita 
part of the public school money due the children residing 
in one county shall be apportioned by the County Board 
of Education of that county and paid to the treasurer of 
the other county in which the school-house is located, to be 
placed to the credit of the school district so formed. 



Mi 
of 
school district. 



Formation of dis- 
tricts from eontigu 
ous townships. 



Districts may be 
formed. 



Money to be 
apportioned. 



Note.— The County Board of Education should combine and con- 
solidate the schools, in most instances making fewer and better 
schools. This end should be kept in view in making the boundaries. 
One school with two teachers is better than two schools. If you 
increase the number of schools you shorten the terms and decrease 
the efficiency of the schools. A good county map showing townships, 
school districts, location of streams, swamps, roads, mountains, etc., 
is indispensable. (See also, in Appendix, special act appropriating 
$200,000 and note on it). 



Power to receive 
gifts, dispose of 
school property, 
etc. 



Deed, how 
executed. 



Sec. 30. The County Board of Education may receive 
any gift, grant, donation or devise made for the use of any 
school or schools within their jurisdiction. When, in the 
opinion of the board, any school-house, school-house site, or 
other public school property has become unnecessary for 
public purposes, they may sell the same at public auction, 
after advertisement of twenty days at three public places 
in the county, or at private sale. The deed for the prop-- 
erty thus sold shall be executed by the chairman and clerk 



29 

of the board, and the proceeds of the sale shall be paid ^J^posai °f p"""^- 
to the treasurer of the county school fund. 

Sec. 31. The County Board of Education may receive sites for sehooi- 
suitable sites for school-houses by donation or purchase. 
In case of purchase they shall issue an order on the treas- 
urer of the County Board of Edu.cation for the purchase Tjt,g^ j^ ^^^^^ 
money and upon payment of the order the title to the said 
site shall vest in the board and their successors in office. 

Whenever the board is unable to obtain a suitable site for Procedure to con- 
demn sites where 

a school by gift or purchase, they shall report to the County "nd'^Mst°ss"'^'^'^^^^' 

Superintendent of County Instruction, who shall, upon damages. 

five days' notice to the owner of the land, apply to the 

Clerk of the Superior Court for the appointf^ent of three 

appraisers, who shall lay off, by metes and bounds, not 

more than two acres, and assess the value thereof. They to make written 

' . repor . 

shall make a written report of their proceedings, to be 
signed by them, or by a majority of them, to the said Clerk 
within five days from their appointment, who shall enter 
the same upon the records of the Court. Said appraisers 
and officers shall serve without compensation. If said re- 
port is confirmed by the Clerk of the Court, the chairman upon payment or 

J. 1 offer of payment 

and secretarv shall issue an order on the treasurer ot tne tuie to vest in 

■^ County Boards and 

County Board of Education in favor of the owner of the their successors, 
land thus laid off, and upon the payment or offer of pay- 
ment of this order the title to said land shall vest in the 
County Board and their successors in office. Improved f ^p'^^ie" ?and. 
land shall not be condemned imder this section unless it be 
essential to secure a proper location. Any person aggrieved Appeal, 
by the action of said appraisers may appeal to the Superior 
Court of the county in which the land is situated upon Appeal bond, 
giving bond to secure the board against such costs as may 
be incurred on account of said appeal not being prosecuted 
with effect. 



30 



Note. — In purchasing sites for school-houses it is a great mistake 
not to secure plenty of land while it is cheap, for play-ground, for 
future growth, and for gardening and study of plant growth on a 
limited scale. In most cases, especially in the country, several acres 
ought to be purchased, if possible. 

Recorded and kept ^^^- ^^- ^^^ ^^^^^ ^^ ^^'^^ Countj Board of Education 
by Clerk of Court. g]^^i| ^^ rgcorded and delivered to the Clerk of the Court 

for safe keeping, and the Secretary cf the County Board 

of Education shall keep an index bj townships and school 

districts of all such deeds in a book for that purpose. 

Note. — A careful index of all deeds to school property, containing 
titles and reference to books in the office of the Register of Deeds, 
where such deeds are recorded, should be prepared by the County Su- 
perintendent. Track can be kept of school property in this way and 
much trouble prevented. 



Contracts with 
teachers of private 
schools, when 
made, etc. 



Compensation. 



Qualifications of 
such teachers. 



Reports. 



Authority of 

County 

Superintendent. 



Sec. 33. In any school district where there may be a 
private school, regularly conducted for at least six months 
in the year, unless such private school is a sectarian or de- 
nominational school, the School Committee may contract 
with the teacher of such private school to give instruction 
to all pupils between the ages of six and twenty-one years 
in the branches of learning taught in the public schools, as 
prescribed in this act, without charge and free of tuition ; 
and such School Committee may pay such teacher for 
such service out of the public school fund apportioned to 
the district, and the agreement as to such pay shall be ar- 
ranged between the committee and teacher. Every teacher 
of the public school branches in said school shall obtain a 
first-grade certificate before beginning his or her work, 
and shall from time to time make such reports as are re- 
quired of other school teachers) under this act. The 
County Superintendents of Schools have the same au- 
thority in respect to the employment and dismissal of 
teachers under this section, and in every other respect as 
is conferred in other sections of the law. And all con- 



31 



tracts made under this section sliall designate the mini- contracts to desig- 

° nate minimum 

mum length of the public school term, which shall not be p'^'^''° ®°'^°°' ''®''™- 

less than the average lenglh of the public school term of 

the county of the preceding; year. The amount paid said Maximum amount 

•J r o t/ i to be paid private 

private school for each pupil in the public school branches, ^ohooi Axed. 
based on the average daily attendance, shall not exceed 
the regular tuition rates in said school for said branches of 
study. 

Note. — If the tuition in the private school for the public school 
branches is $1 or $2 per month, then said private school shall not 
be allowed any more per capita of the public fund than they receive 
per capita from the parents in the private funds. To illustrate: 
If there are forty children in the public school branches whose pri- 
vate tuition is $40, then the committee can only pay $40 per month 
for this instruction out of the public fund. 

By reference to sections 64 and 65 it will be observed that where 
a contract is made with a teacher of a private school to teach the 
public school in connection with his school, no tuition can be charged 
any child in the district between the ages of six and twenty-one 
years for any study during the continuance of the public school 
term. 

Sec. 34. Ko contract for teachers' salaries shall be 4Tc°ts resSed. 
made during any fiscal year for a larger amount of 
money than accrues to the credit of the respective dis- 
tricts for the year and no committee shall give an order Restriction on 

Committee in 

unless the money to pay it is actually to the credit of the s'^'^s orders, 
district, and no part of the school fund for one year shall Restriction on use 

^ ^ "^ of annual scriool 

be used to pay school claims for any previous year. And ^'^'^'^• 
no bill for the payment of any claim for teachers' salaries 
herein mentioned shall be introduced in either House of 
the General Assembly unless the claim shall have been 
approved by the chairman of the County Board of Educa- 
tion and by the County Superintendent, and unless a 
certificate from the County Superintendent stating that the 
debt v^as contracted by unavoidable mistake on the part of 
the teacher and the School Committee shall be attached to 
and accompany the bill when introduced. 



32 



Note. — The large number of special acts for payment of teachers' 
salaries before the last Legislature was the result of a disregard 
of this section, and necessitated the amendment that no such act 
shall hereafter be passed by that body except upon approval of 
County Board and Superintendent, and certificate by them that the 
debt was contracted by unavoidable mistake. If teachers and school 
officers will be careful, mistakes of this sort can always be avoided. 



School Committee 
to keep account of 
moneys and 
contracts. 



Sec. 35. The School Committee for each township 
shall keep a book in which shall be kept an itemized ac- 
count of all moneys apportioned, received and expended by 
them for each school and a copy of all contracts made by 
them with teachers. 



County Superin- 
tendent ex officio 
Secretary of 
County Board of 
Education. 



Duties. 



Note. — The County Board of Education will require a literal com- 
pliance with this section of the law. This section applies also to 
District Committees. 

Sec. 36. The County Superintendent of Schools shall 
be ex officio the Secretary of the County Board of Educa- 
tion. He shall record all proceedings of the Board of 
Education, issue all notices and orders that may be made 
by said board pertaining to the public schools, school- 
houses, sites, or districts (which notices or orders it shall 
be the duty of the secretary to serve by mail or by personal 
delivery without cost), and record all school statistics, look 
after all forfeitures, fines and penalties, see that the same 
are placed to the credit of the school fund and report the 
same to the County Board of Education. The County 
Board of Education shall piwide the County Superin- 
tendent of Schools with an office at the county seat and 
with a suitable book in which to keep the records required 
Record to Ue kept by this scction. The record of the Board of Education 
and the County Superintendent of Schools shall be kept in 
the office provided for that purpose by the said board. 



Board to provide 
superintendent 
with office. 



Note. — The duties of Superintendent as Secretary of County 
Board of Education are very important. 



33 

The County Superintendent is urged to look closely after the 
forfeitures, fines and penalties and to report to the Solicitor all 
failures of all officers to make complete and correct reports of such. 
Hundreds of dollars from these sources are lost to the school fund 
every year. 

Sec. 37. The County Superintendent of Schools of t^a!^[^e'i"'**4";ere 
each county shall examine all applicants of good moral conducted, 
character for teachers' certificate at the court-house in the 
county, on the second Thursday of July and October of 
every year, and continue the examination from day to 
day during the remainder of the week, if necessary, till 
all applicants are examined, and for the examination of 
teachers at any other time than above named, he shall re- 
quire of such applicant a fee of one dollar, in advance, ^®®- 
and all fees for private examination shall be paid by Fees for private 

^ J. ./ examination, how 

the County Superintendent of Schools to the Treasurer disposed of. 
of the county school fund to go to the general school fund 
of the county. The place for holding the examination of examinatlln'^'"^ 
teachers shall be at the county seat, but other places in 
said county may be designated by the County Superin- 
tendent of Schools, when^ in his discretion, it may be 
for the convenience of the teachers of his county. A 
general average of ninety per centum and over shall en- eIti^iertofir"t' 
title an applicant to a first grade certificate ; a general 
average of eighty per centum or more shall entitle the ap^ ^eondgrade *° 
plicant to a second grade certificate ; and a general aver- *''''^" °^^^' 
age of seventy shall entitle an applicant to a third ffrade \^'hat entities to 

=^ -^ ^^ ^ thud trade 

certificate. The certificates shall be valid only in the cenifioa^tes how 
county in which they are issued and for one year from vaifd^" 
date, except that first grade certificates shall be valid for 
two years. The branches taught in the public schools Lis' of branches 

'' o i- to be taught in j 

shall be orthography, defining fi'eading], writing, Jraw- p"*^'"^ **'^°'''^- 
ing, arithmetic, geography, grammar, language lessons, 
history of North Carolina, including the Constitution of 
the State ; history of the United States, including the Con- 
School Law 3. 



34 



Examinations 
public. 



Copies to be kept 
and forwarded to 
State Superintend- 
ent on request. 



stitution of the United States ; physiology, hygiene, nature 
and effect of alcoholic drinks and narcotics, elements of 
civil government, elements of agriculture, theory and 
practice of teaching, and such other branches as the State 
Board of Education may direct. The County Superin- 
tendent of Schools shall hold his examinations publicly, 
and may invite competent persons to assist him in such 
examination. He shall keep a copy of all examination 
questions, both public and private, and forward copies 
to the State Superintendent upon request. ISTo Superin- 
tendent shall renew any second-grade certificate except 
upon re-examination. 



Teachers' 
meetings. 



Note. — It might be well for County Superintendents to give no- 
tice of special days for private examination also, and to hold them 
at no other time. 

The branches named in this section are required to be taught in 
every public school, and must be provided for first. The higher 
branches mentioned in section 64 in reports of teachers may be 
taught, also, if time and funds permit. 

Sec. 38. The County Superintendent shall each year 
hold not less than one teachers' meeting in each town- 
ship, which the teachers shall be required to attend, if 
necessary one school day may be set apart for this purpose. 

Note. — A live Superintendent can make these teachers' meetings 
very helpful in securing co-operation among the teachers of the 
township and uniformity of work for the entire county in course of 
study, method of keeping records and making reports, etc. These 
meetings can also be made means of encouraging, stimulating and 
directing teachers in many w-ays. On the same day, perhaps in the 
afternoon, meetings of patrons and parents might be held, and the 
occasion used for bringing them in closer touch and sympathy with 
the work and with the teachers, in cultivating educational senti- 
ment and arousing educational enthusiasm. 



Sec. 39. It shall be the duty of the County Superin- 
tendent to advise with the teachers as to the best methods 
of instruction and school government, and to that end he 



35 

shall keep himself thoroughly informed as to the progress 
of education in other counties, cities and States ; he shall 
have authority to correct abuses, and to this end he may, 
with the concurrence of a majority of the School Com- 
mittee, suspend any teacher who may be guilty of any te"ache/'°'^ "^ 
immoral or disreputable conduct, or may prove himself 
incompetent to discharge efficiently the duties of a public 
school teacher, or who may be persistently neglectful of 
said duties. The County Superintendent shall be re- Jehooil* eito!"° 
quired to visit the public schools of his county while in 
session under the direction of the County Board of Edu- 
cation, and shall inform himself of the condition and 
needs of the various schools within his jurisdiction. The 
County Superintendent, unless providentially hindered, 
shall attend continuously during its session the annual 
meeting of the State Association of County Superinten- 
dents, and the County Board of Education of his county 
shall pay out of the county school fund his traveling ex- 
penses and allow him his per diem while attending said 
meeting: Provided, that County Superintendents em- 
ployed on salary shall not receive any per diem while in 
attendance on this meeting. 

Note. — The requirement that County Superintendents shall visit 
the schools while in session is mandatory, and properly so. County 
Boards of Education must obey the law. The compensation allowed 
under section 44 is now sufficient to justify the Superintendent in 
visiting the schools. In no other way can the Superintendent ac- 
quaint himself so well with the educational condition and needs of 
every part of the county, with the merits and defects, the disposition 
and character of the teachers and acquire such a knowledge of the 
people and their views as will make him a helpful adviser in the selec- 
tion of teachers and committeemen and a wise and effective leader in 
all educational matters of the county. If there be a County Super- 
intendent whose visits to his schools would not be beneficial to him- 
self, his teachers, his schools, his people, no surer evidence of his in- 
competency is needed, and his resignation should be asked at once. 
The most valuable part of the work of a live, competent Superin- 
tendent will be his visits to the schools. Without such visits the 



36 



work of supervision is a misnomer and largely a farce, and the 
County Superintendent little more than a clerk to the Board of 
Education and a mechanical examiner of teachers. 

It will be observed that County Superintendents are required to 
attend the annual sessions of the State Association of County Super- 
intendents, and that provision is made for their expenses. 



Duties of County 
Superintendent. 
To distribute 
blanks. 



To distribute 
school registers. 



Advise as to 
gathering and 
reporting school 
statistics. 



Duty of County 
Superintendent 
to report to State 
Superintt:'ndent 
PudHc Instruc- 
tion on or before 
July 1st every 
year. 

Contents of 
report. 



Sec. 40. It shall be the duty of the County Superin- 
tendent of the Schools to distribute to the various School 
Committees of his county all such blanks as may be fur- 
nished by the State Superintendent of Public Instruction 
for reports of school statistics of the several districts ; also, 
blanks for teachers' reports and for orders on the treasurer 
of the county school fund for teachers' salaries; he shall 
also distribute to the School Committees school registers 
for their respective districts and necessary record book ; 
he shall advise with said committee as to the best methods 
of gathering the school statistics contemplated by such 
blanks, and, by all proper means, shall seek to have such 
statistics fully and properly reported. 

Sec. 41. It shall be the duty of the County Superin- 
tendent of Schools in each county, on or before the first 
Monday in July of every year, to report to the State 
Superintendent of Public Instruction an abstract state- 
ment of the number, grade, race, and sex of the teachers 
examined and approved by him during the year ; also, the 
number of public schools taught in the county during the 
year for each race ; the number of children of school age 
in each school district ; the number enrolled in each dis- 
trict ; the average daily attendance in each district by 
race and sex and the number of all persons in the county 
between the ages of twelve and twenty-one who cannot 
read and write. He shall also report by race and sex 
the number of pupils of each race enrolled in all the 
schools, their average attendance ; the average length of 
terms of said schools, and the average salary, respectively, 



37 

for the teachers of each race ; the number of school dis- 
tricts for each race, and any new school districts laid out 
during the year shall be specified in his report. He shall 
also report the number of public school-houses and the 
value of the public school property for each race ; the 
number of Teachers' Institutes held ; the number of teach- 
ers attending such institutes, together with such sugges- 
tions as Toaaj occur to him promotive of the school interest 
of the county. The County Superintendent of the [ifXnuo'reco''r"d 
Schools shall record in his book an accurate copy of his J," h]| repori°'^^ 
report to the State Superintendent of Public Instruction. 
If any County Superintendent of Schools fails or refuses fupeVinr/nS*^ 
to perform any of the duties required of him by this act cTui'i^sgu'hjecuo 

ic I'fOTi removal from 

he shall be subject to removal irom his oitice by tne office. 
County Board of Education upon the complaint of the 
State Superintendent of Public Instruction. 

Note. — This report must be held by County Superintendent for 
review by County Board of Education on first Monday of July. 
( See section 59 ) . A copy must be recorded by County Superin- 
tendent. 

Sec. 42. In case the County Superintendent shall have feiiu?rd*/com- 
sufficient evidence at any time that any member of the dlsehargeVmciai 
committee is not capable of discharging or is not dis- cause for 

removal. 

charging, the duties of his office, he shall bring the matter 

to the attention of the County Board of Education, which 

shall thoroughly investigate the charges and shall remove Procedure. 

said committeeman and appoint a successor if sufficient 

evidence shall be produced to warrant his removal and the 

best interest of the schools demands it. 

Note. — This is a delicate and often unpleasant duty, but the best 
interest of the schools demands it. 



Sec. 43. That it shall be the duty of the County Su- List of deaf, dumb 

•^ "^ and blind 

perintendent of Public Instruction to require of the children. 



38 



To be furnished 
Superintendent 
of Deaf, Dumb 
aud Blind 
Institutions. 



Blanks to contain 
questions relative 
thereto. 



School Committee, in enumerating the number of school 
children, to make a statement in the report of the number 
of deaf, dumb and blind between the ages of six and 
twenty-one j^'ears, desigTiating the race and sex, and the 
address of the parent or guardian of said children ; and 
the County Superintendents of Public Instruction are 
hereby required to furnish such information to the prin- 
cipals of the deaf, dumb and blind institutions, and 
the Superintendent of Public Instruction, in preparing 
blanks, as directed in The Code, sec. 3370, shall include 
questions, answers to which will furnish the information 
as aforesaid. 



Note. — -Ample provision has been made by the State for the care 
and education of all deaf, dumb and blind children, but the Super- 
intendents of the State's schools for these unfortunates inform me 
that many of these children are never enrolled in these schools be- 
cause of inability to get information about them. County Superin- 
tendents are urged to aid in the effort to get all these children into 
school by insisting upon full, accurate reports of them as required 
herein. 



Connpensation of 
County 

Superintendent 
of Schools. 



Residence of 
County 

Superintendent. 
Unlawful to 
teach school. 



Sec. 44. The compensation of the County Superinten- 
dent of Schools shall be three dollars per diem, or the 
Board of Education luay pay an annual compensation to 
the County Superintendent not to exceed four per cent, of 
the disbursements for the schools under his supervision : 
Provided, however, that the County Board of Education 
of any county whose total school fund exceeds fifteen 
thousand dollars may employ a Ciounty Superintendent 
for all of his time at such salary as ma}^ be fixed by said 
Board : Provided, the County Superintendent of Iredell 
county shall not receive over six hundred dollars per an- 
num. Every County Superintendent shall reside in the 
county of which he is Superintendent. It shall not be 
lawful for any County Suj^erintendent to teach a school 
while the public schools of his county are in session : 



39 

Provided, the State Board of Education may, for good Proviso, 
and sufficient reason, permit a Gountj Superintendent 
to so teacli. 

Note. — This section now allows many counties to pay such reason- 
able compensation as will make it possible to employ competent 
Superintendents for all their time. The experience of other States 
and of those cities and towns and counties of our own State that 
have most efficient systems of schools, proves the wisdom of a 
reasonable expenditure for competent supervision. The County 
Board of Education of every county, in which the school fund is 
sufficient to permit it, is urged to employ for all his time the best 
possible Superintendent. If the present Superintendent is compe- 
tent, his hands should be untied by making his compensation suffi- 
cient to enable him to give all his time and thought to his work. 
If he is incompetent, a competent man should be found and em- 
ployed for this work, in the county if possible, out of the county 
and out of the State, if necessary. The law does not require that 
the Superintendent shall reside in the county at the time of his 
election. No work can succeed without a man at the head who 
knows the work, loves it, and devotes himself entirely to it. Such 
a man can be had for a living salary. 

Sec. 45. The members of the County Board of Educa- oath of office, 
tion, the School Committeemen and the County Superin- 
tendent of Schools in each county shall, before entering 
upon the duties of their office, take oath for the faithful 
performance thereof. 

Sec. 46. The County Treasurer of each county shall c°;?^°^'yjTr|«J'-er 
receive and disburse all public school funds, and shall fJnds!^^ ^'^ 
keep the same separate and distinct from all other funds, Je°pamte.^'*™^ 
but before entering upon the duties of his office he shall 
execute a justified Treasurer's bond, with security in an To execute bond, 
amount to be fixed by the Board of County Commission- 
ers in an amount not less than the moneys received by Amount, 
him or by his predecessor during the previous year, con- conditions of 
ditioned for the faithful performance of his duties as 
treasurer of the county school fund, and for the payment 
over to his successor in office of any balance of school 



40 



Increase of bond. 

Concerning 
default of County 
Commissioners. 



Approval of 
Treasurer's bond. 



Action, by whom 
brought. 



Separate bond. 



When orders 
shall be valid, 
voui'hers in 
hands of 
Treasurer. 



Limit to amount 
of order. 



Restriction as to 
endorsement of 
teacher's order. 



Order for building 
and repairs not to 
be paid till title 
passed, registered 
and deposited 
with clerk. 



Treasurer liable 
on bond for suras 
illegally paid. 



moneys that may be in his hands unexpended, and the 
County Board of Commissioners may, from time to time, 
if necessary, require him to strengthen said bond, and in 
default thereof the members of the County Board of Com- 
missioners shall be guilty of a misdemeanor. 

Sec. 47. The bond of the Treasurer of the county 
school fund shall be approved by the Board of County 
Commissioners, and they shall bring action for any breach 
thereof, and on their failure to bring such action it may 
be brought in the name of the State on the relation of any 
tax-payer. The said bond shall be separate, not including 
liabilities for other funds. 

Sec. 48. All orders for the payment of teachers' sala- 
ries, for building, repairs, school furnishings, or for the 
payment of money for any purpose whatsoever, before it 
shall be a valid voucher in the hand of the County Treas- 
urer, shall be signed first by at least two members of the 
committee, then by the County Superintendent. No order 
shall be signed by the County Superintendent for more 
money than is to the credit of that district for the fiscal 
year, nor shall Superintendent of Schools endorse the 
order of any teacher who does not produce a certificate 
as required in section 22. The said treasurer shall not 
pay any school money for building or repairing any school- 
house unless the site on which it is located has been do- 
nated to or purchased by the County Board of Education 
and the deed for the same regularly executed and delivered 
to said board and their successors in ofiice, probated, reg- 
istered in the office of the Register of Deeds for the county 
and delivered to the Clerk of the Court, to be by him safely 
deposited with his valuable official papers, and surren- 
dered to his successor in office, and for default he shall 
be liable on his official bond for any sum thus illegally 
paid. 



41 

Sec. 49. It shall be tlie duty of the treasurer of the ?oTee"p''aocount°°' 
county school fund to keep a hook in which he shall open show!'' "" **' ° 
an account with each township in the county, showing the 
amount apportioned to the various townships by the 
Oounty Board of Education. He shall also open an ac- 
count with each school district showin^r the amount appor- 
tioned to the various school districts. He shall record the 
■date of all payments of school money in the name of the 
person to whom paid and for what purpose and the seve- 
ral amounts. He shall balance the amount of each town- ic"coun'ts'^^ 
ship and district annually on the thirtieth of June of 
each year, and shall report by letter or printed circular, ^"county ellaJd*' 
within ten days thereafter, said balances to the County cSmmiuee. 
Board of Education and to the School Committee. 

Sec. 50. The treasurer of the county school fund shall Jequf^eT'lo^'pro" 
when required by the County Board of Education pro- v<.u. hers, and 

. . n n exhibit school 

duce his books and vouchers for examination, and shall moneys at 

' settlements. 

also exhibit all moneys due the public school fund of the 
county at each settlement required by this act. 

Sec. 51. The treasurer of the county school fund of to'"staw snperi''a°'^' 
each county shall report to the State Superintendent of instnieti'on. 
Public Instruction on the first Monday of August of each ^^'^^ ""^'^^• 
year the entire amount of money received and disbursed contents. 
by him during the preceding school year, designated by 
items, the amounts received respectively from property 
tax, poll tax, liquor licenses, fines, forfeitures, and penal- 
ties, auctioneers, estrays, from State Treasurer and from 
other sources. He shall also designate by item the sum 
paid to teachers of each race respectively, for school- 
houses, school sites in the several districts, and for all 
other purposes specifically, and in detail, by item, and 
on the same date he shall file a duplicate of said report in t^^bi's^ed wiTh "^ 
the ofiice of the Cbunty Board of Education. He shall Educa^tion.*' 
make such other reports as the County Board of Education ^"^ '^^^"^ ^' 
of the county may require from time to time. 



42 

accounrjf' Sec. 52. The treasurer of the county school fund shall 

receipts. j^^^^ ^ ^^^-^ ^^ which shall be entered a full and detailed 

account of all public school moneys received by him, the 

name of each person paying him school money, the source 

from which the same may have been derived, and the 

JniyTrom^T.eH? ^atc of such payment. In his settlement with the Sheriff 

offieer^'^*^° ^''""^ or Other collecting officer of public school funds the said 

treasurer shall receive money only. 
Misdemeanor for Sec. 53. Any treasurer of the county school fund fail- 

Ireasurer to iHil "^ •/ 

reqlufe'd'in^h'is ^^g ^o make rcports required of him at the time and in 
the manner prescribed, or to perform any other duties re- 
quired of him in this act shall be giiilty of a misdemeanor 

Penalty. ^^^ -^^ fined not less than fifty dollars and not more than 

two hundred dollars, or imprisoned not less than thirty 
days, nor more than six months, in the discretion of the 
Court. 

Sheriff to settle Sec. 54. The Sheriff of each county shall pay annually 

school funds in _ J l J ^ 

money with [f^ monev to tlic trcasurcr of the county school fund on or 

Ireasurer on or •' "^ 

I'n^eacii'^yeTr'"^'''^ ^ before the thirty-first day of December of each year, the 
whole amount levied, less such sum or sums as may be 
allowed on account of insolvents for the current year, by 
both State and county, for school purposes, and on failing 

^li'Ji'',^.* to do so shall be guilty of a misdemeanor and fined not less 

misdemeanor. o J 

Penalties. than two hundred dollars, and be liable to an action on 

his official bond for his default in such sum as will cover 

Action on bond, g-f^(.\^ default, said action to be brought to the next ensuing 

how brought. ' o o 

term of the Superior Court, and upon the relation of the 
County Commissioners for and in behalf of the State. 

Note. — The only sum deducted from the "whole amount levied by 
both State and county for school purposes will be that allowed on 
account of insolvents for the current year." 

Sheriff to take Stlc. 55. The Sheriff or other collecting officer shall 

from Treasurer '^ 

receipts.^ take duplicate receipt of the treasurer of the county school 

fund for such payment as he may make under this act, 



43 

one copy of which shall be transmitted to the Auditor of J° "''^""^ , 

^ "^ transmitted. 

the State and one to the chairman of the County Board of 
Education, and upon his failure to do so he shall be guilty m^gdemeanor 
of a misdemeanor and fined or imprisoned as in section 53 p®"^"^- 
of this act. 

Sec. 56. Whenever the Sheriff or other collecting offi- de^fgVa°ed^in 
cer i^ays over money to the treasurer of the school fund he receiptsf^ ^"*^ 
shall designate the items as indicated in section 51 of this 
act, and these items shall be stated in the receipts given 
by the treasurer. 

Sec. 5Y. If the term of office of any treasurer shall ex- Tieasu°rfl''^ °^ 
pire on the thirtieth day of November during any fiscal ^^p''*""- 
school year, or if for any reason he shall hold office be- 
yond the thirtieth day of November, and not for the whole 
of the current fiscal school year, he shall, at the time he when he vacates 

his office during 

goes out of office, file with the County Board of Education fiscal school year, 

t3 ' i/ to file report. 

and with his successors a report, itemized, as required by 
section 51 of this act, covering the receipts and disburse- 
ments for that part of the fiscal school year from the thir- 
tieth of June preceding to the time at which he turns over 
the office to his successor, and his successor shall include -nXded^i'D hi^*" 
in his report to the State Superintendent the receipts and ?eport.^°' * 
disbursements for the current fiscal year. 

Sec. 58. Each treasurer of the county school fund in Retiring Trea.s- 

"^ urer to deposit 

going out of office, shall deposit in the office of the Board ^°f b^'nks,'"'^' 

of Education of his county his books, in which are kept 

his school accounts, and all records and blanks pertaining 

to his office. The treasurer of the county school fund when school 

shall, on the last Saturday of each month, attend at his 

office for the purpose of payiug scliool orders; but this 

shall not be construed to prevent the payment of orders 

at other times ; and he shall be allowed for compensation Compensation of 

as treasurer of the school fund such sum as the Board of 

Education may allow him, not to exceed two per centum 

of his vouchers paid on orders of School Committees. 



44 



Annual settle- 
ment of school 
business. 



Examination 
and forwarding 
books of 
Treasurer and 
County 
Superintendent. 

Revised form of 
blanks for tax 
lists to be sent 
out by Auditor. 



Register of Deeds 
to furnish County 
Boards of Educa- 
tion abstract of 
tax lists. 
What to show. 



Other information. 



Clerks of Courts 
to furnish County 
Boards statement 
of fines, penalties 
and forfeitures 
going to school 
fund, when. 



Failure a 
misdemeanor. 



Penalty. 



Duties of teachers 
in schools. 



Sec. 59. On the first Monday of July, the County 
Board of Education, County Superintendent of Schools 
and Treasurer shall meet at the office of the board and 
settle all the business of the preceding fiscal year. . The 
board shall on that day examine the reports of Treasurer 
and County Superintendent, and if found correct shall 
direct them to be forwarded. 

Sec. 60. The Auditor of the State shall include on the 
form which he furnishes to the Board of County Commis- 
sioners and on which the tax lists are to be made out, 
separate columns for school poll tax and school property 
tax, in one of which columns the total poll tax levied by 
the General Assembly and the county authorities for 
schools due by each tax-payer and in the other the total 
property tax levied by the General Assembly on [and] the 
county authorities for schools due oj each tax-payer. 

Sec. 61. The Kegister of Deeds shall furnish to the 
County Board of Education, as soon as the tax lists are 
made out, an abstract of said lists, showing in separate 
columns the total amount of poll tax borne on said lists, 
and also the total amount of property tax borne on the 
same, and shall furnish such otLer information from his 
office as the County Board of Education may require. 

Sec. 62. The Clerks of all Criminal, Superior and Mu- 
nicipal Courts shall furnish to the County Board of Edu- 
cation of the county on the first Monday of July and 
January of each year a detailed statement of fines, for- 
feitures and penalties which go to the school fund that 
have been imposed, or which have accrued. Any Clerk 
failing to comply with the duties herein prescribed shall 
be guilty of a misdemeanor, and shall, upon conviction, 
be fined or imprisoned in the discretion of the Court. 

Sec. 63. It shall be the duty of all teachers of free 
public schools to maintain good order and discipline in 
their respective schools ; to encourage morality, industry 



45 

and neatness in all of their pupils, and to teach thoroughly 

all branches which they are required to teach. Pupils Dismissal of 

'' -^ ^ pupils. 

who wilfully and persistently violate the rules of the 
school and any of immoral life and character shall be dis- 
missed by the teacher. 

Sec. 64. Every teacher or principal of a school to T®^"hers to keep 

•-' c i. daily record. 

which aid shall be given under this act shall keep a daily 

record of the attendance of pupils. At the end of every Report of teacher 

to County 

term every principal or teacher of a public school shall superintendent. 

•^ r 1. J. What to contain. 

report to the County Superintendent of Schools the 
length of term of school, the race for which it was taught, 
the number, the sex, and average daily attendance of the 
pupils, and the number of the district in which the school 
is taught, the number of children on census blank not 
attending any school this year, number of children under 
seventeen years of age not attending any school ; state 
some causes why they do not attend, how many families 
having children of school age did not send any of their 
children to school, how many families did ; state what per- 
sonal effort you have made to get these children to attend 
school ; number of children studying primary arithmetic, 
number studying intermediate arithmetic, number study- 
ing advanced arithmetic, number studying primary geog- 
raphy, number studying intermediate geography, nmn- 
ber studying language lessons, number studying element- 
ary English grammar, number studying higher English 
grammar, number studying elementary history of North 
Carolina, nimiber studying advanced history of North 
Carolina, number studying elementary history of United 
States, number studying higher history of United States, 
number studying elementary physiology and hygiene, 
number studying advanced physiology and hygiene, num- 
ber studying civil government, number studying Latin, 
number studying algebra, number studying higher En"- 

•^ ° ^ ' J fc> & & Teachers to file 

lish. Teachers shall file with their registers at the end ^^[^°'^'^*''^"'^°^ 



Contents. 



46 

of the school term an accurate record of the promotion, 
advancement, and classification of every child attending 
the school just closed. 

Note. — The personal effort made by the teachers to secure accu- 
rate information required will greatly facilitate his work in the 
school and add to our fund of reliable statistics. The County Su- 
perintendents should not approve the voucher of any teacher who 
does not intelligently furnish this information. School Committee- 
men should not approve teachers' orders for salary until the provis- 
ions of this section have been strictly complied with. 

^bUeTc'hooi"''^^ ^^^- ^^- Every school to w^hich aid shall be given under 
this act shall be a public school to which all children liv- 

agi adm"it°ed'free.' ^"& within the district between the ages of six and twenty- 
one years shall be admitted free of charge for tuition. The 

Pay students. Committee may admit pay students over twenty-one years 
of age. 

Note. — No student under twenty-one years of age in any district 
can be charged tuition for any branch of study in any school in that 
district using the public school fund of the district. 

snp°e'rmtendent ^'EC. 66. The principal or superintendent of every 

wholly o/pa«iy ^ scliool Or institution of learning supported in whole or in 

by public funds to , i t (• i i ii t m n 

report to State part by public luuds shall report to the otate feuperm- 

Superintendent. 

tendent at such time and in such form as he may direct, 
and shall also report to the County Superintendent in 
which such scliool or institution of learning is situated. 
Fiseai school year. Sec. 67. The fiscal school year shall begin on the first 
day of July and close on the thirtieth of June next suc- 
ceeding. 

Note. — The school year begins on the first day of July. No 
school shall be in session at close of fiscal year; i. e., the term 
cannot embrace parts of two school years. 

Sren°t''o°bi°''''' ^^^- ^^- ^^^ ^^^te children shall be taught in the pub- 

Ichloil!" "^^''"'''^ lie schools provided for the white race, and all colored 

children shall be taught in the public schools provided for 



47 

the colored race ; but no child with negro blood in his 
veins, however remote the strain, shall attend a school for 
the white race ; and no such child shall be considered a 
white child. 

Sec. 69. It shall be unlawful for any County Board of Restriction on 

purchase of school 

Education or School Committee to buy school supplies in supplies, 
which any member has a pecuniary interest. Nor shall On recommenda- 

. • r 1 tion, etc., of school 

any school officers or teachers receive any giit, emolument, supplies, 
reward or promise of reward for influence in recommend- 
ing or procuring the use of any school supplies for the 
schools with which they are connected. Any person vio- ^i^'demeanor 
lating the provisions of this act shall be removed from his To be removed 

~ ^ irom office. 

position in the public service and shall, upon conviction, 
be deemed guilty of a misdemeanor. 

Sec. to. The State Board of Education shall elect bien- ^tate Board of 

Examiners and 

nially a State Board of Examiners, which shall consist of o'f whom ^o''°*®'^- 
three professional teachers and the State Superintendent 
of Public Instruction, who shall be ex officio the chair- 
man of said board. The said Board of Examiners shall Powers and 

duties. 

prepare a course of study for the colored normal schools, 
elect teachers therein, fix all salaries and provide for Sum- 
mer School of not less than two weeks' duration, which 
all teachers in said Normal School shall be required to at- y^ft co^^e^d ^° 
tend. One member of said Board of Examiners shall and'reporV"" 
visit each of said Colored Normal Schools annually, in- 
spect the work and report in writing to the State Superin- 
tendent of Public Instruction, who shall have the reports Reports printed 

' -t^ and submitted to 

printed and submitted to the General Assembly on or Ass^e^rLwy. 
before January twentieth, 1905. Meetings of the State rfExamin°irs°'"''^ 
Boards of Examiners shall be held at the call of the State ^^®° ^ • 
Superintendent of Public Instruction, and the members compensation, 
shall receive no compensation other than traveling ex- 
penses and board while attending upon their official du- 
ties, an itemized statement of which shall be kept in the itemized state- 

' '- ment to be kept. 

books of the State Superintendent of Public Instruction. 



48 



Power of Commis- 
sioners of ineor- 
pornted towns and 
cities to order an 
election on ques- 
tion of special tax 
for schools on peti- 
tion of one-fourth 
of freeholders. 
When held. 



Maximum amount 
of tax. 



Election, how 
held. 



Form of ballots 



If authorized by 
majority of 
quiilifind voters, 
tax to be levied 
and collected. 



Moneys so eol- 
lei'ted, how 
dispo.sed of. 



Town or city to 
comprise only 
one school 
district. 



Apportionment 
of moneys. 



Sec. 71. In every incorporated city or town in which 
there is not now levied a special tax for schools, upon a 
petition signed by one-fourth of the freeholders therein^ 
the Board of Aldermen or Town Commissioners of said 
city or town shall, at the date of municipal or general elec- 
tion next ensuing upon the presentation of said petition 
order an election to be held to ascertain the will of the 
people whether there shall be levied in such city or town 
a special annual tax of not more than thirty cents on the 
one hundred dollars valuation of property and ninety 
cents on the poll to supplement the Public School Fund in 
such city or town. Said election shall be held in the dif- 
ferent election precincts or wards under the law governing 
municipal or general elections in said cities or towns. At 
said election those who are in favor of the levy and col- 
lection of said tax shall vote a ticket on which shall be 
printed or written the words "For Special Tax," and 
those who are opposed shall vote a ticket on which shall 
be printed or written the words ^'Against Special Tax." 
In ease a majority of the qualified voters at said election 
is in favor of said tax the same shall be annually levied 
and collected in such town or city in the manner pre- 
scribed for the levy and collection of other city taxes. All 
moneys levied under the provisions of this section shall,, 
upon collection, be placed to the credit of the Town School 
Committee, composed of not less than five nor more than 
seven members, appointed by the Board of Aldermen for 
said city or town, and shall be, by said committee, ex- 
pended exclusively ujx)n the public schools in said city or 
town, and there shall be but one school district in the 
said city or town in which there may be established one 
or more schools for each race, and the School Committee 
shall apportion the money among said schools in such 
manner as in their judgment will equalize school facili- 
ties. 



49 
Sec. 72. Special school tax districts may be formed by Formation of 

-'■ d J Special school tax 

the County Board of Education in any county without re- <^'-*''^°'^^- 
gard to township lines under the following conditions: 
Upon a petition of one-fourth of the freeholders within the 
proposed special school districts, endorsed by the County 
Board of Education, the Board of County Commissioners, 
after thirty days' notice at the court-house door and three Notice of election, 
other public places in the proposed district, shall hold an Election, 
election to ascertain the will of the people within the 
proposed special school district whether there shall be 
levied in said district a special annual tax of not more 
than thirty cents on the one hundred dollars valuation of ^'^°"'^* °f ''^^• 
property and ninety cents on the poll to supplement the 
Public School Fund, which may be apportioned to said 
district by the County Board of Education in case such 
special tax is voted. The Board of County Commission- 
ers shall appoint a registrar and order a new registration 
for said district and said election shall be held in the heid."°°' *'°'' 
said district under the law governing general elections as 
near as may be. At said election those who, are in favor 
of the levy and collection of said tax shall vote a ticket on 
which shall be printed or written the words, "For Spe- ^°''™ ^^ ^*"°*^^- 
cial Tax," and those who are opposed shall vote a ticket on 
which shall be printed or written the words, "Against Spe- 
cial Tax." In case a majority of the qualified voters at qu^meci'voters 

.... p . -. , ini favor tax, same to 

said election is m lavor oi said tax the same shall be an- be levied and 

collected. 

nually levied and collected in the manner prescribed for 
the levy and collection of other taxes. All money levied moneys sT '^^ 
under the provisions of this act shall upon collection be °° ^'^ ® • 
placed to the credit of the School Committee in said dis- 
trict, which committee shall be appointed by the County 
Board of Education ; and the said School Committee shall 
apportion the money among the schools in said districts 
in such manner as in their judgment shall equalize school 
facilities. 

School Law 4. 



50 



Restrictions on 
application of 
this act. 



Vacancies in 
certain special 
school districts, 
how filled. 

Where districts 
comprise a town- 
ship, regulations 
relative thereto. 



Section 47, chap- 
ter 199, Laws 1899, 
amended. 



Board to publish 
statement. 



Conflicting laws 
repealed. 



Sec. 73. The provisions of this act shall not apply to 
any township, city or town now levying a special tax for 
schools and operating under special laws or charters, or to 
schools operating under section 47, chapter 199, Laws of 
1889, school districts in any city or town now operating 
under section 47, chapter 199, Laws of 1889, are hereby 
continued and all vacancies in the School Committee 
therein shall be filled by the County Board of Education, 
and if said districts comprise a township there shall not be 
appointed township school committeemen for said town- 
ship, and all apportionment shall be made directly to the 
committee of said districts: Provided, however, that all 
schools receiving any part of the public school fund shall 
be required to make to the State Superintendent and 
the County Superintendent such reports as these officers 
shall demand, and as are made by other public schools 
to them, and shall be under the general supervision of the 
State Superintendent of Public Instruction. 

Sec. 74. Section 47, chapter 199, Laws of 1889, is 
hereby amended by striking out the words, ''By and with 
the consent of the County Board of Education." 

Sec. 75. The Board of Education of the several coun- 
ties shall publish annually, on the thirty-first day of De- 
cember, a financial statement in like manner as now re- 
quired by law of Boards of County Commissioners. 

Sec. 76. That all laws and clauses of laws in conflict 
with the provisions of this act shall be and the same is 
hereby repealed. 

Sec. 77. This act shall be in force from and after its 
ratification. 

In the General Assemblv read three times and ratified 
this 4th day of March, A. D. 1903. 



APPENDIX. 



An act to provide for the establishment and enlargement of 
libraries in the Public Schools of the rural districts. 

The General Assembly of North Carolina do enact: 

SECTioisr 1. Whenever the patrons and friends of any eiubnlhed.^ 
free public school shall raise by private subscription and 
tender to the treasurer of the county school fund, for the 
establishment of a library to be connected with the said 
school, the sum of ten dollars, the County Board of Educa- 
tion shall appropriate, from the money belonging to that 
school district asking for the library, the sum of ten dol- 
lars for this purpose and shall appoint one intelligent per- puwfc sThoois!'^^^ 
son in the school district the manager of said library. 
The County Board of Education shall also appoint one ^"^^pp*'*^*^'*- 
competent person well versed in books to select books for 
the libraries as may be established under the provisions of 
this act from lists of books approved by the State Super- 
intendent of Public Instruction. 

Sec. 2. As soon as the County Board of Education of teuT'Iuo'nolify 

1 Ti 1 T . ,. « -,. Secretary of state 

any county shall have made an appropriation lor a li- Board of the estab- 

1-1 ^^ 1 -I r\ oi • lishment of 

brary m the manner prescribed, the County Superin- library. 

tendent of Schools shall inform the secretary of the State 

Board of Education of the fact, whereupon the said State state Board to 

" ■•■ relund $10. 

Board of Education shall remit to the treasurer of the 
county school fund the sum of ten dollars for the purchase 
of books. 

Sec. 3. Within thirty days after the payment of the ^^^^^^"^ ^^ ^^^^''^ 
money to the treasurer of the county school fund, the per- 
son appointed to select the books shall submit the list of 
books to be purchased and prices of same to the treasurer, 
who shall order the books at once. The treasurer shall re- books"'^'' '"^ *'''*^*'" 
«eive no compensation except his regular commission. The 



52 



Book ease, how 
furnshed. 



Rules governing 
use of books. 



Exphange of local 
libraries. 
Provided: when 
exchange to be 
made. 



Enlargement of 
library, how 
secured. 



Money refunded 
by State Board. 



Appropriation for 
this purpose. 



Proviso: two-thirdi 
for establishing 
and one-third for 
enlarging 
libraries. 



County Boards of Education shall furnish, at the expense 
of the general county school fund, a neat book case with 
lock and key to each library upon apjDlication of the 
County Superintendent of Schools. 

Sec. 4. The local manager of every library shall carry 
out such rules and regulations for the proper use and pre- 
servation of the books as may be enjoined by the State 
Superintendent of Public Instruction. 

Sec. 5. The local managers of two or more libraries 
may by agreement exchange libraries: Provided, that no 
exchange shall be made oftener than once in six months and 
that no part of the expense of exchanging libraries shall be 
borne by the public. 

Sec. 6. Whenever the patrons and friends of any free 
public school in which a library has been established under 
the j)rovisions of chapter 662, Laws of 1901, shall raise by 
private subscription and tender the treasurer of the county 
school fund the sum of five dollars for the enlargement 
of the library, the County Board of Education shall ap- 
propriate from the money belonging to that school district 
the sum of five dollars and the State Board of Education 
shall remit to the treasurer of the county school fund the 
sum of five dollars. The money thus collected and ap- 
propriation shall be used for the enlargement of libraries 
already established under the same rules and restrictions 
as govern tlie establishment of new libraries. 

Sec. 7. The sum $Y,500 of the appropriation for the 
public schools of the State is hereby appropriated and set 
apart to be expended by the State Board of Education 
under the provisions of this act: Provided, that of this 
amount a sum not exceeding $5,000 may be expended by 
the State Board of Education in the establishment of new 
libraries, and a sum not exceeding $2,500 may be ex- 
pended by the State Board of Education in the enlarge- 
ment of libraries already established. 



53 

Sec. 8. Not more than six new libraries in any county dumber of new 

•J 'J libraries 

in addition to those already established shall be entitled to established, 
the benefits of this act, and not more than six libraries 
already established in any county shall be entitled to the 
benefit of section six of this act. ISTo school district in ^^^^^f °^ **'^ *°* 
any incorporated town with a population exceeding one 
thousand persons shall receive any moneys under the pro- 
visions of this act, nor shall any school district receive 
the benefits of this act without the approval of the County 
Board of Education. 

Sec. 9. All laws and clauses of laws in conflict with 
the provisions of this act be and the same are hereby re- 
pealed. 

Sec. 10. This act shall be in force from and after 
its ratification. 

In the General Assembly read three times, and ratified 
this 26th day of February, A. D. 1903. 



state 
be con- 



LOAN FUND FOR SCHOOL-HOUSES. 

An act to establish a State Literary Fund to be used as a loan 
fund for building- Public School-houses. 

TliG General Assembly of North Carolina do enact: 

Section 1. That all funds of the State heretofore de- f ®n^^s"o^ 
rived from the sources enumerated in section 4, article pund^ iterary 
9 of the State Constitution, and all funds that may be 
hereafter so derived, together with any interest that may 
accrue thereon, shall be a fund separate and distinct 
from the other funds of the State, to be known as the 
State Literary Fund. 

Sec. 2. That the State Board of Education under such Loans from said 

land for building 

rules and regulations as it may deem advisable, not incon- school-houses. 
sistent wdth the provisions of this act, may make loans 
from such fund to the County Board of Education of 



54 



Loans, how paya- 
ble, and interest. 



How evidenced. 



Installments and 
interest, when due. 



Loans under this 
act lien on 
school fund. 

Power of State 
Treasurer upon 
failure to pay any 
installments. 



any county for the building and improving of public 
school-houses in such county. 

Sec. 3. That loans made under the provisions of this 
act shall be payable in ten installments and shall bear in- 
terest at four per cent., payable annually, and shall be evi- 
denced by the note of the County Board of Education, ex- 
ecuted by the chairman and secretary thereof and de- 
posited with the State Treasurer. The first installment of 
such loan, together with the interest on the whole amount 
then due, shall be paid by said County Board on the 10th 
day of February after the 10th day of August subsequent 
to the making of such loan, and the remaining install- 
ments, together with the interest, shall be paid, one each 
year, on the 10th day of February of each subsequent year 
till all shall have been paid. 

Sec. 4. That at the January meeting of the County 
Board of Education before any installment shall be due 
on the next 10th day of February, the said Cbunty Board 
shall set apart out of the school funds an amount suflBcient 
to pa}'' such installment and interest to be due and shall 
issue its order upon the Treasurer of the County School 
Fund therefor, who, prior to the 10th day of February, 
shall pay over to the State Treasurer the amount then due. 
And any amount loaned under the provisions of this act 
shall be a lien upon the total school funds of such county 
in whatsoever hands such fund may be, and upon failure to 
pay any installment or interest or part of either when due, 
the State Treasurer may deduct a sufficient amount for the 
payment of the same out of any fund due any county 
from any special State appropriation for public schools, 
or he may bring action against the County Board of Edu- 
cation of such county, any person or persons in whose pos- 
session may be any part of the school funds of the county, 
and the tax collector of such county. And, if the amount 
of school fund then on hand be insufficient to pay in full 



55 

the sum so due, then the said State Treasurer shall be 
entitled to an order directing the Tax Collector of such 
county to pay over to the State Treasury all moneys col- 
lected for school purposes until such debt and interest shall 
have been paid. 

Sec. 5. That the County Board of Education, from Boa^dof Educl'^ 

. . c ^ • ''^"^ '^ districts, 

any sum borrowed under the provisions ol this act, may out of money so 

•^ ^ 7 ^ borrowed. 

make loans to any district in such county for the purpose 

of building school-houses in such district, and the amount 

so loaned to any district shall be payable in ten annual in- nfems.'' '° '°***' ' 

stallments, with interest thereon at four per cent., payable 

annually. At the January meeting of said County coiiecung^ 

-r^ 1 • T n 1 1 I' 1 • 1 iDstallments. 

Board, it shall deduct irom the apportionment made to 
any district which has borrowed under the provisions of 
this act, the installment and interest then due, and shall 
continue to deduct such amount at each annual January 
meeting until the whole amount shall have been paid, to- 
gether with interest. 

Sec. 6. That the sun. of one thousand dollars annually acTdUionai derk"^ 

. r 1 • to Superintendent 

shall be set aside and is hereby appropriated out oi this Public instruction, 
fund for the employment of an additional clerk, to be ap- 
pointed by the State Superintendent of Public Instruc- 
tion, to aid in the proper execution of the provisions of 
this bill and in the proper eiiecution of the provisions of 
the bill making a special appropriation for a four months' 
school term in every public school. 

Sec. 7. The State Board of Education and its succes- Education 

incorporated. 

sors in office is hereby created a body politic and corporate 
and by that name may receive bequests and gifts of every c*""?"^*'® powers, 
description and have power to hold real and personal prop- 
erty and be vested with all other powers conferred upon 
corporations under the general law relating to corpora- 
tions. 

Sec. 8. ]S[o warrant for the Expenditure of any money for expenSures 

-, ,. imi- 11 1 *i- under this act, 

under this act shall be issued by the Auditor except upon how issued. 



56 

the order of the State Superintendent of Public Instruc- 
tion, with the approval of the State Board of Education. 
?epel\ed!^ '^^^ Sec. 9. This act shall be in force from and after its 

. ratification, and all laws and clauses of laws in conflict 
with this act are hereby repealed. 

In the General Assembly, read three times and ratified 
this 9th day of March, A. D. 1903. 

Note. — The rules and regulations adopted by the State Board of 
Education for the direction of this fund will be printed soon and sent 
to school officers. 



An act to appropriate two hundred thousand dollars to the 
Public Schools of North Carolina. 

The General Assembly of North Carolina do enact: 
Sura of $100,000 Section 1. That the sum of one hundred thousand 

annually appropri- 

atedfoj public dollars ($100,000) be and the same is hereby appro- 
distributed, priated, annually, out of the State Treasury for the bene- 
fit of the public schools, to be distributed to the respective 
counties of the State, ^Je^ capita as to school population, 
on the first Monday in January of each year, using the 
school census of the previous scholastic year as a basis of 
apportionment. 
Pub?i'i"Suction ^^^- 2- That the Superintendent of Public Instruction 
on'the AuditoTfor shall jssuc Warrants upon the State Auditor for the 

the amount due , , , . ^ ■, . 

each county, to be amount duc cacfi couuty under section one oi this act, 

credited to 

general school said Warrants to be drawn in favor of the County Treas- 
urer of each county, to be credited to the general public 
school fund of the county. 

?TOvide*d™r ^^^- ^' "^^^^ *^® ^^™ °^ °^® hundred thousand dol- 

tKmXifou; lars ($100,000), or so much, thereof as may be necessary, 

months school -, i,i -ii •,! n , r 

term. DC and the same is hereby appropriated, annually, out ol 

the State Treasury for the purpose of bringing up to 
the constitutional requirement for a four months' public 
school term in each school district in the State, those pub- 



57 

lie schools whose terms, after the distribution and appli- 
cation of all other school funds, do not comply with said 
requirement, to be distributed and applied in the manner 
hereinafter set forth. The further provision of this act, 
as hereinafter set out, shall apply only to the distribution 
of the $100,000 appropriated under this section, and, in 
the event that such sum shall be insufficient for the pur- 
pose specified, then the said sum shall be apportioned by 
the State Board of Education pro rata, or in such manner 
as they may deem fair and equitable among the counties 
applying for aid hereunder. 

Sec. 4. That, at the January meetina; of each year, the County Boards of 

' J o J ' Education to 

County Board of Education of each county shall report {"l^deafof Puwie' 
to the State Superintendent of Public Instruction the i°^*™°"°°- 
school districts in such county which cannot have a four 
months' term, designating each by number and township, contents of report. 
with a statement of funds available for school purposes 
for each of such districts, funds obtained by special local 
taxes and balances brought over from preceding fiscal 
year, not to be included in such statement, the census and 
monthly running expenses thereof, the number of pupils 
enrolled, the average daily attendance, the salary paid to 
teachers in such districts, and other and further facts in 
regard thereto that may be required by the State Superin- 
tendent. The County Board of Education shall likewise 
report the school census of the entire county, the total school 
funds available, the total apportionment made at said 
January meeting and the total amount left unapportioned. 

Sec. 5. The State Superintendent shall forthwith lay ||f^*f foTaylact?" 
these facts before the State Board of Education, which Board, ^ete^ 
shall thereupon, after full investigation, fix and determine Apportionment. 
the amount which must necessarily be apportioned to each 
district to enable it to have a four months' term : Pro- Proviso. 
vided, that in fixing such amount no consideration shall be 
had of any funds available by reason of special local 



58 



statement of 
apportionment 
to be filed with 
Auditor. 

Duty of Auditor. 



Schools of less 
than sixty-five 
pupils. 



Duty of county 
oflScers before 
appropriation 
is made. 



taxes, and any rural district having funds raised by such 
local tax shall be entitled to the same appropriation under 
this act as if there had been no such funds. 

Sec. 6. That, when such apportionment shall have 
been so made, itemized statement thereof shall be filed with 
the State Auditor, who shall thereafter, upon the warrant 
of the State Superintendent of Public Instruction, issue 
his warrant upon the State Treasurer, payable to the 
County Treasurer of each of the respective counties in the 
sum shown by said itemized statement to have been ap- 
propriated to such county. The amount designated as 
having been apportioned to each district shall be usable 
by that district only, and only for the specific purpose of 
providing a four months' school term. 

Sec. Y. That no school with a school census of less than 
sixty-five shall receive any benefit under this act, unless the 
formation and continuance of such district shall have been 
for good and sufiicient reasons, to-wit, sparsely populated 
or peculiar geographical conditions, such as intervening 
streams, swamps or mountains, said reasons to be set forth 
in an affidavit by the chairman of the County Board of 
Education and the County Superintendent of Schools, and 
to be approved by the State Superintendent of Public In- 
struction. 

Sec. 8. No appropriation shall be made to any county 
unless the County Superintendent of Schools, the chair- 
man of the Board of County Commissioners and the Clerk 
of the Superior Court shall make affidavit to the effect that 
all fines, penalties, forfeitures and other money properly 
belonging to the school fund have been so applied and that 
the constitutional limit of taxation has been reached in 
said county, and any officer who shall fail to perform the 
duties herein required, or who shall knowingly make any 
misrepresentation of any facts in any report required by 
this act shall be guilty of a misdemeanor, and upon con- 



59 

viction thereof shall be removed from office and may be 
fined or imprisoned, in the discretion of the Court. 

Sec. 9. That in calculating the necessary monthly ex- te^achlrs*!! dis- 
penses of districts applying for aid under this act not more ioviid^^ ^"^^ 
than the average monthly salary paid white teachers in the 
State for the preceding year shall be allowed each white 
teacher, and not more than the average monthly salary 
paid colored teachers in this State for the preceding year 
shall be allowed each colored teacher, and no second grade 
teacher of either race shall be allowed more than the salary 
paid second grade teachers of that race in that county. 
And to any school having more than one teacher only the 
said average salary shall be allowed for every thirty-five 
pupils enrolled therein. 

Sec. 10. ISTo appropriation shall be made to any county fcli'^oorfuld"^ 

I'll IT j.'ii*j.ij21 allowed to be set 

wherein has been expended or set aside during the nscal aside for building 
year for the purpose of building school-houses a percentage 
of the total school fund of such county greater than the 
following: In counties with a total school fund of five 
thousand dollars, or less, not to exceed twenty per cent, 
thereof; in counties with a total school fund of over five 
thousand dollars and not more than ten thousand dollars, 
not to exceed sixteen per cent, thereof ; in counties with a 
total school fund of over ten thousand and not more than 
twenty-five thousand dollars, not to exceed ten per cent, 
thereof ; in counties with a total school fund of over twenty- 
five thousand dollars not to exceed seven and one-half per 
cent, thereof : nor shall any appropriation be made under No appropriation 

' ./ i i J. unless School 

this act to any county, if it appear that the requirements of ^?'t^°°'"'^'^^'^ 
the school law in regard to the apportionment of funds to 
the various districts have not been complied with in all re- 
spects. 

Sec. 11. That the State Superintendent of Public In- li^^t ^ayTo^or"' 
struction is authorized to go or to send his clerk to any county, e"! 
county where necessary for the execution of this act cre- 
ating a permanent loan fund for building public school- 



60 



Payment of 
expenses. 



Annual report of 
State Superin- 
tendent. 



Conflicting laws 
repealed. 



This act in force, 
wlien. 



houses, and the traveling expenses of the Superintendent 
or his clerk shall he paid upon itemized account therefor, 
approved by the State Board of Education. 

Sec. 12. That the State Superintendent of Public In- 
struction shall include in his annual report a full showing 
of everything done under the provisions of this act. 

Sec. 13. That chapter 63Y of the Public Laws of 1899 
and all other laws and clauses of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

Sec. 14. That this act shall be in full force from and 
after the thirtieth day of June, 1903. 

In the General Assembly read three times and ratified 
this 9th day of March, 1903. 



AMENDMENTS TO TEXT-BOOK LAW. 

An act to amend chapter 1 of the Public Laws of 1901, relating 
to the establishment of a Text-book Commission. 



The General Assembly do enact: 
Section 13, chapter Section 1. That scctiou 13 of chapter 1 of the Public 

1, Public Laws 1901, ■■- 

amended. Laws of 1901 be and the same is hereby amended by 

striking out all after the word "State" in line two and all 
in line three thereof, down to the word "for," and insert- 
ing in lieu thereof the following: "ISTot less than one and as 
many more agencies as the Text-book Commission, upon 
recommendation of the County Board of Education, shall 
order, to be located at such points as said County Board 
may recommend." 

ameiXd^ ^""'^ ^^^- ^- ^^^^ scction 13 of said chapter 1 of the Public 
Laws of 1901 be and the same is hereby further amended 
by inserting after the word "advance" in line fourteen the 

Contractors to iseep following: "Evory contractor shall be required to keep on 

ample supply of o ./ i i 

^'^'^^^- hand at all times at every established agency in every 

county an ample supply of books to meet all demands of 



61 

patrons and purchasers, and npon failure to do so or upon ^g^^lj*^' '^'*''''' '*^ 

failure to establish agencies when ordered to do this bj 

the Commission, as directed herein, said contractor shall 

be liable to a penalty of five hundred dollars for each and 

every failure to comply with the provisions of this section, 

to be sued for by the Attorney-General in the name of the 

State in the Superior Cburt of the county of Wake for the 

benefit of the school fund of the county injured by such 

failure, and if any contractor against whom judgment pen^tyYorfeH 

shall be obtained for said penalty shall fail to pay the ''°"*^''^°'^- 

same within thirty days of the docketing thereof, he shall 

forfeit his said contract and the Text-book Commission 

shall so declare, and shall thereupon proceed to make a 

new contract for books with some other contractor : Pro- , 

vided, however, that the County Superintendent shall no- Proviso. 

tify the contractors annually of the date of opening of the 

public schools at least thirty days before they open. 

Sec. 3. This act shall be in force from and after its 
ratification. 

In the General Assembly read three times and ratified 
this 9th day of March, 1903. 



SUGGESTED BLANK FOR 
TEACHER'S WEEKLY REPORT TO COUNTY SUPERINTENDENT. 



District No Race. 

Township. 



No. Children on Census Roll 

Attendance fob Week Ending 190 . 

Monday 

Tuesday 

Wednesday 

Thursday 

Friday 



Average for week 

Where are those not in attendance, and what personal effort have you made 
to get them to attend? 



Give date of closing as soon as known. 

, Teacher. 



FORM OF TEACHER'S CONTRACT. 



.County, North Carolina. 



Articles of an Agreement entered into and concluded between M , 

Public School-teacher, holding a grade certificate, and , the 

Public School Committee of District No , Race, 

Township, 

WITNESSETH : That said teacher, , agrees to teach a Public School 

in said District at a salary of $ per month, and that will faithfully 

discharge the duties assigned by the School Law. 

In consideration of which said Committee promises to pay the said 

out of the money in said District for school purposes, $ for each month 

the said shall teach, provided that this monthly salary does not 

exceed the maximum salary fixed by the County Board of Education for said 
school. / 

Sealed, signed and delivered in the presence of 

This day of , 190.. 



. , Teacher. 



. , Chairman. 
. , Secretary. 



The following entry should be made in the Record Book of School Committee: 

At a meeting of the Public School Committee of District No , 

Township, County of , on day of , 190. ., after due 

notice as required by section 20 of School Law, M was duly elected 

to teach the Public School in said District at a salary of $ per month, the 

school to commence on day of , and continue for term of 

months. 



INDEX TO SCHOOL LAW. 



A. 

SECTION. 

Action on Sheriffs' bonds, how brought 54 

Amount of contracts for teachers' salaries restricted 34 

Amount of fines, etc., shall be reported to State Superintendent 5 

Annual settlement of school business, first Monday of July 59 

Appeals — 

From decisions of County Boards to condemn land 31 

From decisions of County Boards affecting one's character or right 

to teach 15 

From School Committees 18 

Affecting County Superintendent 10 

Apportionment — 

Made on basis of population 1 

Of school funds, when and how made 24 

Semi-annual 25 

Appropriations for Teachers' Institutes 26 

Auditor — 

To send out revised forms of blanks for tax list 60 

To keep separate accounts of school funds 1 

B. 

Boundaries of school districts 29 

C. 
County Boards of Education — 

How elected 12 

When to enter upon duties 12 

How to fill vacancies 12 

Term of office 12 

To estimate amount necessary to run school four months 6 

Corporate body 13 

Duties and powers 13 

General duties 14 

Shall control and direct the building of school-houses 13 

To make needful rules for governing school 13 

To obey instructions of State Superintendent and his construction 

of school law 8 

To fix time for opening and closing public schools 13 

Powers over teachers and applicants 15 



64 



SECTION. 

County Boards of Education — 

Chairman of, to report election of County Superintendent to State 

Superintendent 16 

To appoint school committeemen 17 

Compensation of 27 

Time of " regular meetings 27 

To examine books, vouchers and accounts of treasurers 27 

Power to punish for contempt 28 

Power to receive gifts, dispose of property, etc 30 

May receive suitable sites by donation or purchase 31 

Power to condemn sites and report to Clerk of Court. 31 

To provide office for County Superintendent 36 

Authority to remove County Superintendent 10, 41 

To apportion school fund 24 

To make appropriation for Teachers' Institutes 26 

To divide townships into school districts 29 

To form' school districts out of portions of contiguous townships 

and counties 29 

To administer oaths 16 

To take oath to perform duties 45 

To fix maximum salary for each school 24 

May reserve a fund for building and repairing school-houses 24 

May reserve a fund to increase schools to four months 24 

Shall have authority to close any school for lack of attendance 24 

To elect County Superintendent 16 

Committeemen — 

How appointed 17 

How removed 42 

Compensation to township committeemen 17 

To furnish school census report 20 

Compensation for making census 20 

To organize and record proceedings, etc 18 

To care for school property 19 

To keep permanent record of expenditures, etc 21 to 35 

Authority to purchase supplies and make repairs 21 

Restrictions on giving orders 34 

Power to employ and dismiss teachers 22 

Power to give orders for teachers' salaries 23 

Power to close schools, when 23 

Power to require weekly or monthly reports from teacher 23 

May contract with principal of private school 33 

To give notice of election of teachers 20 

Township committees may appoint one man to look after prop- 
erty, etc 17 

County Superintendent ex officio secretary of the board 36 



65 



SECTION. 

County Superintendent — 

How and when elected 16 

Qualifications and term of office 16 

Furnish blanks for committeemen 20 

Authority over teachers of private schools where public funds are used, 33 
Authority to require reports from all schools receiving any of the 

public money 73 

To administer oaths 16 

To take oath to perform duties 45 

To issue notices and orders of County Boards 36 

To record school statistics 36 

To look after forfeitures, fines and penalties 36 

To examine teachers 37 

To hold teachers' meeting in each township 38 

To advise with teachers 39 

To distribute school registers, blanks, etc 40 

To make annual report to State Superintendent, when 41 

To keep copy of report to State Superintendent 41 

To furnish list of dumb and blind children 43 

To sign vouchers, orders, etc 48 

When to renew second grade certificates 37 

Power to suspend teachers, how 39 

Required to visit schools 39 

Compensation 44 

Residence 44 

Unlawful to teach school 44 

County Commissioners — • 

To approve treasurers' bonds 47 

To order special tax election 72 

To bring action against defaulting Sheriff 54 

Clerks of Court — 

To furnish County Boards statement of fines, forfeitures, etc 62 

To record and keep deeds 32 

Certificates, grades, etc 37 

D. 

Deeds. (See Clerk of Court). 

Districts, how formed, etc 29 

Minimum number of children in 29 

Distance between schools 29 

E. 

Examinations, place for 37 

F. 

Fiscal school year 67 

Funds, how and where expended 6 



Q6 



SECTION. 

Funds — 

How apportioned to equalize school term 24 

How and when returned for re-apportionment 23, 24 

For school-houses 13, 24 

Restrictions in use of 34 

G. 

Grades. (See Certificates). 

When to renew second grade certificates 37 

Restrictions as to third grade certificates 22 

H. 

Houses, report of number and value 20 

By whom built and repaired 13 

Sites for school-houses 21 

I. 

Institutes, by whom conducted 26 

M. 

Misdemeanor to disturb school or injure school property 28 

O. 

Oaths of members of County Boards, Committeemen and Superintendents. . . 45 

Orders — 

For teachers' salaries 48 

For buildings and repairs 48 

On treasurer, when valid 23 

P. 

Pay students 65 

Proceeds from swamp lands, grants, etc 4 

Proceeds from estrays, fines, penalties, forfeitures, liquor license, auction- 
eers, etc 5 

R. 

Right of Superior Court to review actions of County Boards 15 

Register of Deeds, duties 61 

Right of children to attend school 68 

S. 

State Board of Education, duties and powers 1, 2, 16, 44, 70 

State Superintendent of Public Instruction, duties, etc 7, 8, 9, 10, 11, 26 

Special school tax 71 

School, public, defined 65 

Funds paid into State Treasury, how held and paid out 3 

Month defined 22 

Year defined 67 



LofC. 



67 



SECTION. 

School- 
Term to be continuous 22 

District, how formed 29 

Branches to be taught 37 

Sheriffs — 

To serve subpoenas 15 

To settle with County Treasurer 54 

To transmit copy of receipts to State Auditor and to County Board 

of Education 55 

To itemize receipts according to section 51 56 

State Board of Examiners 70 

Solicitors, duties as to penalties : 5 

■* 
T. 

Tax, on what levied and how collected 6 

Teachers, how employed 20 

How dismissed 22 

How and when examined 37 

To exhibit statement to committees 20 

Required to attend institutes or summer schools 26 

To pay fee for private examination 37 

To keep daily record and file record 64 

Duties in school 63 

To make weekly or monthly reports 23 

When examined 37 

Authority to dismiss pupils 63 

Report to County Superintendent at end of term 64 

Town Commissioners authorized to order election for schools 71 

Treasurer — 

To be notified of apportionment 24 

To receive and disburse county school funds ^ 46 

To execute bond, liable for funds illegally paid 48 

To keep books showing amount apportioned each township and dis- 
trict ; to balance accounts annually 49 

To produce books, vouchers and exhibit school money 50 

To report to State Superintendent first Monday in August 51 

To receive money only from Sheriff or collecting officer 52 

To be guilty of misdemeanor for failure to perform any duty required 

in this act 53 

To file report when term of office expires 57 

To deposit books, blanks, etc., in office of County Board 58 

To attend his office last Saturday of each month 58 

Compensation 58 

V. 

Vouchers, when valid 48 



JUL 22 1904 



